Rutherford v. United States · ¶118

The majority is right on one point: The extraordinary-andcompelling analysis is indeed subject to “independent and ascertainable limits.” Ante, at 470. Yet one need only read the Commission's policy statement to determine those limits. The majority nevertheless searches high and low for other statutory limits on what courts may consider when deciding compassionate-release motions. Because the Commission's narrow, limited guidance is consistent with what Congress has previously said and with what courts have previously done, I respectfully dissent.

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