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Fernandez v. United States · ¶43

Regulatory history points the same way. Congress has authorized the Sentencing Commission to issue policy statements about when compassionate release is warranted, 28 U. S. C. § 994(t), and these policy statements shape whether courts may grant compassionate release motions, 18 U. S. C. § 3582(c)(1)(A). For decades, the Sentencing Commission has tied the availability of compassionate release to a defendant's personal circumstances. See United States Sentencing Commission, Guidelines Manual App. C, Amdt. 698 (Nov. 2007) (USSG) (listing “ `extraordinary and compelling reasons' ” to include “ `terminal illness,' ” “ `a permanent physical or medical condition,' ” “ `[t]he death or incapacitation of the defendant's only family members capable of caring for the defendant's minor child,' ” or “ `other' ” reasons as determined by the Director of the Bureau of Prisons). While the Sentencing…
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