Rutherford v. United States · ¶19

The Commission lost a quorum shortly after the Act went into effect and did not update its policy statement to address these changes. Most Circuits held that the existing statement—which mentioned only motions fled by the Bureau— did not apply to motions fled by prisoners. See United States v. Andrews, 12 F. 4th 255, 259 (CA3 2021) (collecting cases); but see United States v. Bryant, 996 F. 3d 1243, 1247– 1248 (CA11 2021) (applying the policy statement). So for this new class of motions, most courts interpreted the statute without input from the Commission.

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