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. § 571.64

Ineligible offenders

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The Bureau of Prisons has no authority to initiate a request under 18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed in Bureau of Prisons facilities or D.C. Code offenders confined in federal institutions. The Bureau of Prisons cannot initiate such a motion on behalf of federal offenders who committed their offenses prior to November 1, 1987, and received non-parolable sentences.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2021 · leading case: United States v. Hammond (D.D.C. 2020).
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United States v. Hammond (D.D.C. 2020). · cites it 3× “44-2 (quoting 28 C.F.R. § 571.64 ). Defendant asked the Warden to reconsider, explaining that, because he was convicted of both a federal crime and a D.”
Bruce v. U.S. Attorney Gen. (D.D.C. 2020). · cites it 2× “Code offender,” see 28 CFR § 571.64 . See id. at 7 . Plaintiff also seems to argue that his medical and rehabilitative treatment at FMC Fort Worth has been insufficient.”
United States v. Greene (D.D.C. 2021). “(citing 28 C.F.R. § 571.64 ).) But such a pronouncement cannot override, or contradict, the plain text of section 3582(c)(1)(A), and as amended by the First Step Act, section 3582(c)(1)(A) permits federal courts to reduce a previously imposed term of imprisonment “upon motion of…”
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