C.F.R. » Title 28 » CHAPTER V—BUREAU OF PRISONS, DEPARTMENT OF JUSTICE › SUBCHAPTER D—COMMUNITY PROGRAMS AND RELEASE › PART 571—RELEASE FROM CUSTODY › Subpart G—Compassionate Release (Procedures for the Implementation of 18 U.S.C. 3582(c)(1)(A) and 4205(g))

28 C.F.R. § 571.60

Purpose and scope

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Under 18 U.S.C. 4205(g), a sentencing court, on motion of the Bureau of Prisons, may make an inmate with a minimum term sentence immediately eligible for parole by reducing the minimum term of the sentence to time served. Under 18 U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate sentenced under the Comprehensive Crime Control Act of 1984. The Bureau uses 18 U.S.C. 4205(g) and 18 U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2021 · leading case: United States v. Lopez-Pastrana, 889 F.3d 13 (1st Cir. 2018).
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United States v. Lopez-Pastrana, 889 F.3d 13 (1st Cir. 2018). “At oral argument in March 2018, Lopez-Pastrana's counsel reported that the request to the BOP remained pending. The remand proceedings ordered herein could become superfluous if the BOP submits, and the district court grants, a motion under § 3582(c)(1)(A).”
United States v. Adan Pineda-Doval, 692 F.3d 942 (9th Cir. 2012). · cites it 2× “§ 3624 (b)(1), and “compassionate release” parole is available only in extraordinary circumstances that are unforeseeable, 28 C.F.R. § 571.60 . UNITED STATES v. PINEDA-DOVAL 9851 GRABER, Circuit Judge, dissenting: I respectfully dissent.”
United States v. Maldonado, 138 F. Supp. 2d 328 (E.D.N.Y 2001). · cites it 4× “§ 2241 , 28 C.F.R. § 571.60 , and 18 U.S.C. § 3582 (c)(1)(A).”
United States v. Sam Henricy (11th Cir. 2021). “” 28 C.F.R. § 571.60 . The court must also consider the § 3553(a) factors and find that a reduction is consistent with applicable policy statements issued by the Sentencing Commission.”
Todd v. Fed Bur of Pris (5th Cir. 2002). “6 28 C.F.R. § 571.60 . 7 18 U.S.C. § 3244 (1).”
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