Fernandez v. United States · ¶99

Highlighting the BOP's role in compassionate release and the fact that prison officials can observe things like “advanced age,” “safety risk,” and “illness,” the majority contends that Congress's centering of the BOP “refects the statute's focus on a defendant's personal circumstances.” Ante, at 425. But the majority cannot deny that Congress amended § 3582(c)(1)(A) due to its concern that the BOP was mismanaging compassionate-release motions. See supra, at 440–441. The majority's reliance on the BOP's “institutional expertise,” ante, at 425, to interpret a statutory amendment aimed at reducing the BOP's involvement is, at best, counterintuitive.

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