Fernandez v. United States · ¶84

Of particular issue was the BOP's exceedingly narrow interpretation of the statutory phrase “extraordinary and compelling,” which its Central Office staff had interpreted as referring only to “terminally ill medical conditions with a life expectancy of 1 year or less or those who are incapacitated and unable to perform their daily activities—criteria that [were] found nowhere in the relevant statute.” Id., at 13. And though BOP regulations technically “permit[ted] non- medical circumstances to be considered as a basis for compassionate release,” the agency “routinely reject[ed] such requests.” Id., at ii.

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