Rutherford v. United States · ¶102

Nor does historical practice supply a personal- circumstances limit. The parties have identified only two published opinions in which district courts reduced a sentence under the predecessor to the compassionate-release statute, which was in effect from 1976 to 1984. In one of those two decisions, the District Court reduced a defendant's sentence not based on the personal circumstances of the defendant, but rather because of the disparity between the defendant's sentence and those of his codefendants. See United States v. Diaco, 457 F. Supp. 371, 372, 376 (NJ 1978); see also United States v. Banks, 428 F. Supp. 1088, 1089–1090 (ED Mich. 1977) (granting relief under predecessor statute “upon careful review of the prisoner's record,” including evidence of rehabilitation).

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