Fernandez v. United States · ¶47

Instead of helping him, this argument highlights the mismatch between the error Fernandez alleges and the remedy he seeks. When an elderly or infrm prisoner is discharged early, the reasons for release have nothing to do with the lawfulness of the conviction—so it makes sense to leave it in place. But when a prisoner persuades a court that his conviction is invalid, the remedy of a little less prison time does not redress the wrong. If a conviction is invalid, the ftting remedy is to vacate it, as § 2255 allows. That § 3582 does not offer this remedy is evidence that it is not a suitable vehicle for the claim.

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