For the Defense - Vol. 8, Issue 4 - 31

Mariana Rossman
Jed Silversmith
To that end, it now permits a defendant, and not merely the
Bureau of Prisons ( " BOP " ), to file a motion for compassionate
release based on, inter alia, extraordinary and compelling reasons.
In response to these legislative amendments and informed by
sentencing court decisions after passage of the First Step Act, the
Commission amended the policy statement at U.S.S.G. §1B1.13 in
several ways.
As an initial matter, the Commission revised the Guideline
language in U.S.S.G. §1B1.13 to include defendant-filed
motions for compassionate release as a basis for court ordered
modifications of imposed terms of imprisonment, provided the
defendant has exhausted all administrative remedies available
to him or her.4
The Commission also expanded the list of specified extraordinary
and compelling reasons that a court may consider when deciding
a motion for compassionate release. It broadened the " Medical
Circumstances " category by amending Guideline §1B1.13(b)(1)
to include two new medical circumstances. First, the Commission
added the circumstance of a defendant who suffers from a
medical condition requiring long-term care that is not being
provided by the BOP and without which the defendant risks
serious deterioration in health or death.5
Second, and in large part
as a response to the COVID-19 pandemic, the Commission added
the circumstance of a defendant housed in a facility at risk of
being affected by an ongoing outbreak of infectious disease or an
ongoing public health emergency as declared by the appropriate
authority, who, because of personal health risk factors, is at an
increased risk for severe medical complications or death from
exposure to said outbreak or emergency and the risk cannot be
adequately and timely mitigated.6
Similarly, the Commission also expanded who may qualify under
the " Family Circumstances " relief set forth in U.S.S.G. §1B1.13(b)(3).
Prior to passage of the First Step Act, the " Family Circumstances "
ground for relief was limited to situations where a defendant's
minor child's caregiving needs were compromised due to the death
or incapacitation of the minor-child's caregiver. The Commission
modified the guideline to now include not only minor children, but
also adult children with special needs and incapable of self-care, and
an incapacitated parent where the defendant is the only available
Vol. 8, Issue 4 l For The Defense 31

For the Defense - Vol. 8, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 4

Contents
For the Defense - Vol. 8, Issue 4 - 1
For the Defense - Vol. 8, Issue 4 - 2
For the Defense - Vol. 8, Issue 4 - Contents
For the Defense - Vol. 8, Issue 4 - 4
For the Defense - Vol. 8, Issue 4 - 5
For the Defense - Vol. 8, Issue 4 - 6
For the Defense - Vol. 8, Issue 4 - 7
For the Defense - Vol. 8, Issue 4 - 8
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For the Defense - Vol. 8, Issue 4 - 58
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