Rutherford v. United States · ¶86

The Commission's policy statement fts comfortably within these capacious parameters. To start, the Commission requires courts to take “full consideration of the defendant's individualized circumstances.” USSG § 1B1.13(b)(6). Individuals also must meet three other discrete criteria, including that they are serving an “unusually long” sentence and are facing a “gross” (i. e., unusually large) sentencing disparity. Ibid. Even if all those criteria are met, the Commission's policy statement does not require courts to grant relief. A court can grant relief only if it concludes that there are extraordinary and compelling reasons after taking in all relevant information about a defendant's specific circumstances. Ibid.

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