28 C.F.R. § 571.62

Approval of request

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(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only after review of the request by the Warden, the General Counsel, and either the Medical Director for medical referrals or the Assistant Director, Correctional Programs Division for non-medical referrals, and with the approval of the Director, Bureau of Prisons.

(1) The Warden shall promptly review a request for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an investigation of the request determines that the request warrants approval, the Warden shall refer the matter in writing with recommendation to the Office of General Counsel.

(2) If the General Counsel determines that the request warrants approval, the General Counsel shall solicit the opinion of either the Medical Director or the Assistant Director, Correctional Programs Division depending upon the nature of the basis of the request. The General Counsel will solicit the opinion of the United States Attorney in the district in which the inmate was sentenced. With these opinions, the General Counsel shall forward the entire matter to the Director, Bureau of Prisons, for final decision, subject to the general supervision and direction of the Attorney General and Deputy Attorney General.

(3) If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 4205(g), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Bureau of Prisons to reduce the minimum term of the inmate's sentence to time served. If the Director, Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the Director will contact the U.S. Attorney in the district in which the inmate was sentenced regarding moving the sentencing court on behalf of the Director of the Bureau of Prisons to reduce the inmate's term of imprisonment to time served.

(b) Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 4205(g), the Warden of the institution where the inmate is confined shall schedule the inmate for hearing on the earliest Parole Commission docket. Upon receipt of notice that the sentencing court has entered an order granting the motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution where the inmate is confined shall release the inmate forthwith.

(c) In the event the basis of the request is the medical condition of the inmate, staff shall expedite the request at all levels.

[59 FR 1238, Jan. 7, 1994, as amended at 78 FR 13479, Feb. 28, 2013; 78 FR 73084, Dec. 5, 2013]

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2011–2025 · leading case: United States v. DiMasi, 220 F. Supp. 3d 173 (D. Mass. 2016).

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United States v. DiMasi, 220 F. Supp. 3d 173 (D. Mass. 2016). · cites it 3× “See 28 C.F.R. § 571.62 . An application may be granted by the Director “only after review of the request by the Warden [of the facility in which the defendant is serving his sentence], the General Counsel [of the Bureau of Prisons], and [ ] the Medical Director for medical…”

United States v. Dresbach, 806 F. Supp. 2d 1039 (E.D. Mich. 2011). “Under 28 C.F.R. § 571.62 , “The Bureau of Prisons makes a motion under .”

Pate v. Bureau of Prisons (D.D.C. 2021). “” 28 C.F.R. § 571.62 (a). The Warden must “promptly review a request for consideration under .”

Mattingley v. Spaulding (D. Mass. 2019). “See 28 C.F.R. § 571.62 . III. CONCLUSION Accordingly, the court DISMISSES Mattingley’s Motion under 28 U.”

Wilson v. Williams (N.D. Ohio 2020). “41 28 C.F.R. § 571.62 . 42 28 C.F.R. §§ 571.”

Schumaker v. Fed. Corr. Inst. Fort Dix (D.N.J. 2025). “See 28 C.F.R. § 571.62 . Only then would Petitioner’s sentencing court have the ability consider and potentially reduce his sentence under 18 U.”

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