Can Federal Sentences Be Reduced

Can Federal Sentences Be Reduced

Yes, federal sentences can be reduced through multiple legal mechanisms established by Congress and the courts. While federal sentencing is known for its strictness and mandatory minimums, the law provides several pathways for sentence modification under specific circumstances. These include compassionate release, substantial assistance motions, retroactive guideline amendments, earned time credits under the First Step Act, and presidential clemency. Understanding these options is critical for anyone serving a federal sentence or their families seeking relief. The availability and success of each mechanism depend on individual circumstances, eligibility requirements, and proper legal procedures. Recent reforms, particularly the First Step Act of 2018, have expanded opportunities for sentence reduction, though the process remains complex and often requires experienced legal counsel. This guide examines the seven primary ways federal sentences can be reduced and what each pathway requires.

Compassionate Release Under 18 USC 3582(c)(1)(A)

Compassionate release allows federal courts to reduce sentences based on “extraordinary and compelling reasons” as authorized by 18 USC 3582(c)(1)(A). Before the First Step Act of 2018, only the Bureau of Prisons could file compassionate release motions. Now, defendants can file directly after exhausting administrative remedies or waiting 30 days from their request to the warden.

The 2023 Sentencing Commission policy update expanded compassionate release considerations significantly. Courts can now consider whether someone is serving an “unusually long sentence,” has served at least 10 years, and whether “an intervening change in the law has produced a gross disparity between the sentence being served and the sentence likely to be imposed at the time the motion is filed.” This update recognizes that sentencing standards evolve and that fairness sometimes requires adjusting older sentences.

Other qualifying circumstances include terminal illness, serious physical or mental deterioration, family circumstances such as caring for a minor child when no other caregiver is available, and other extraordinary circumstances deemed compelling by the court. Recent data shows approximately 16 percent of compassionate release motions were granted between October 2024 and March 2025, with November 2024 seeing the highest approval rate at 19.4 percent.

The compassionate release process requires defendants to first petition the warden, then file a motion in federal court if the Bureau of Prisons denies the request or fails to respond within 30 days. Courts must also consider whether the defendant poses a danger to the community and whether the reduction is consistent with applicable policy statements. Success depends heavily on documenting extraordinary circumstances and demonstrating rehabilitation.

Rule 35 Motions for Sentence Correction and Reduction

Federal Rule of Criminal Procedure 35 provides two distinct mechanisms for sentence modification. Rule 35(a) addresses correcting clear errors in sentencing, while Rule 35(b) allows sentence reduction for substantial assistance to the government.

Rule 35(a) applies when the court has made an obvious error, such as a mathematical mistake or misapplication of the sentencing guidelines. This mechanism has an extremely narrow 14-day window from the date of sentencing. While limited in scope and timing, Rule 35(a) provides a straightforward remedy when genuine errors occur during the sentencing process. The court can correct these errors on its own motion or upon motion by either party.

Rule 35(b) serves a completely different purpose: rewarding defendants who provide substantial assistance to law enforcement after sentencing. Only the government can file a Rule 35(b) motion, typically within one year of sentencing. However, this deadline can be extended if the defendant provides substantial assistance concerning information or events the government did not know about until after the one-year period.

What qualifies as “substantial assistance” goes beyond mere cooperation. The defendant’s help must materially advance the investigation or prosecution of another person or criminal organization. Courts consider factors including the significance of the assistance, its timeliness, the completeness and truthfulness of information provided, and any risk the defendant incurred by cooperating. When Rule 35(b) motions are granted, courts have discretion to reduce sentences below statutory minimums, making this mechanism particularly valuable for defendants facing mandatory minimum sentences.

Rule 35(b) differs from Section 5K1.1 departures primarily in timing. Section 5K1.1 motions are filed before the original sentencing, while Rule 35(b) motions are filed after sentencing is complete and require a resentencing hearing if granted.

Retroactive Guideline Amendments Under 18 USC 3582(c)(2)

When the United States Sentencing Commission lowers guideline ranges and makes those reductions retroactive, defendants sentenced under the old, higher ranges may be eligible for sentence reductions under 18 USC 3582(c)(2). This statutory provision authorizes courts to modify sentences based on retroactive guideline amendments, subject to important limitations.

These proceedings do not constitute a full resentencing. As established in Policy Statement 1B1.10, sentence modifications under Section 3582(c)(2) are intended only to adjust a sentence in light of a Guidelines amendment, not to revisit all aspects of sentencing. The court must determine what sentence would have been imposed under the amended guideline range and may consider the factors set forth in 18 USC 3553(a) to the extent they are applicable.

A recent example involves the 2023 amendments to criminal history category calculations for defendants who committed crimes while on probation or parole. The Sentencing Commission made these amendments retroactive, allowing eligible defendants to seek sentence reductions based on the recalculated criminal history categories. The impact varies depending on how the amendment affects each defendant’s guideline calculation.

Not all guideline amendments are made retroactive, and the Sentencing Commission carefully evaluates which amendments warrant retroactive application. When amendments are made retroactive, courts typically receive numerous motions and establish procedures for reviewing and deciding them efficiently. Defendants should consult with counsel to determine whether any retroactive amendments apply to their case and what reduction might be available.

First Step Act Earned Time Credits

The First Step Act of 2018 revolutionized federal sentence reduction by creating a system where eligible inmates can earn time credits toward early release by participating in evidence-based recidivism reduction programming and productive activities, providing powerful incentives for rehabilitation and successful reentry that fundamentally changed how federal inmates approach their incarceration period. Eligible inmates can earn between 10 and 15 days of time credits for every 30 days of successful participation in approved programs, with the earning rate depending on the inmate’s risk assessment as determined through periodic evaluations conducted by the Bureau of Prisons using validated assessment tools. Those classified as minimum or low risk for two consecutive assessments can earn up to 15 days of credit per 30-day period, representing a substantial opportunity for sentence reduction, while higher-risk inmates earn 10 days of credit per 30-day period, still providing meaningful incentives for program participation and behavioral improvement. These risk classifications are not static but are reassessed periodically, allowing inmates to improve their classification through consistent positive behavior and program completion. Earned time credits can be applied toward earlier transfer to prerelease custody, including home confinement, residential reentry centers commonly known as halfway houses, or supervised release, though the credits do not simply reduce the sentence length but instead allow earlier transition to less restrictive settings where inmates can begin reintegrating into their communities while still under supervision and monitoring. Implementation data shows the significant impact of this program, with 18,009 individuals released in 2023 alone after earning and applying First Step Act time credits, and individuals earning an average of 18.5 months of credits, numbers that demonstrate both the program’s reach and its meaningful effect on federal incarceration patterns across the Bureau of Prisons system. However, important eligibility restrictions apply that inmates must understand before planning their participation. Inmates cannot earn First Step Act time credits if they are serving sentences for disqualifying offenses, which generally include violent crimes, terrorism, espionage, human trafficking, sex offenses, and sexual exploitation, exclusions that ensure the program focuses on lower-risk populations where early release poses less public safety concern while maintaining the program’s credibility with courts and the public. First Step Act credits differ from traditional good time credits, which allow inmates to earn up to 54 days per year of the imposed sentence for good behavior, and inmates can benefit from both programs simultaneously, meaning the combination can substantially reduce time actually served in Bureau of Prisons custody for those who remain disciplinary-free and actively participate in approved programming throughout their incarceration.

Presidential Clemency: Commutations and Pardons

The United States Constitution grants the President the power of executive clemency, which includes the ability to pardon or commute federal sentences. While clemency is rare and discretionary, it remains a viable pathway for sentence reduction in exceptional cases.

Presidential clemency takes five forms: reprieves, pardons, amnesties, remissions, and commutations. For purposes of sentence reduction, commutations are most relevant. A commutation reduces a sentence either partially or completely while the person is still serving it. In contrast, a pardon is generally granted after someone has served their sentence and represents forgiveness of the conviction itself. Pardons typically require a five-year waiting period after release from confinement.

The clemency application process begins with a petition submitted to the Office of the Pardon Attorney within the Department of Justice. This office reviews petitions, conducts investigations, and makes recommendations to the President. The process involves thorough review of the criminal conduct, sentencing circumstances, post-conviction behavior, and reasons clemency is warranted.

Realistically, presidential clemency is granted in only a small fraction of cases. Different administrations have varying philosophies about when clemency is appropriate. Some presidents have focused on correcting sentencing disparities, particularly involving outdated drug sentencing laws, while others have exercised clemency more sparingly. Applicants should have realistic expectations while recognizing that clemency remains constitutionally available.

If a clemency petition is denied, applicants can reapply after one year for commutation requests or two years for pardon requests. The President’s clemency power extends only to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia, not state crimes.

Additional Sentence Reduction Mechanisms

Beyond the major pathways discussed above, several other mechanisms may provide sentence relief in specific circumstances. Section 2255 motions allow defendants to challenge their convictions or sentences based on constitutional violations, such as ineffective assistance of counsel, prosecutorial misconduct, or jurisdictional defects. While technically these are challenges to the legality of the sentence rather than requests for reduction, successful Section 2255 motions can result in resentencing or even release.

Standard good time credits remain available to federal inmates, allowing them to earn up to 54 days per year of their imposed sentence for satisfactory behavior. These credits are nearly automatic for inmates without disciplinary issues and represent a baseline reduction built into federal sentencing.

The Bureau of Prisons also offers various programs whose completion may factor into release planning, custody classification, and eligibility for halfway house placement. While these programs do not directly reduce sentences, they facilitate earlier transition to less restrictive custody settings.

Elderly offender and medical considerations may support compassionate release motions as discussed earlier, but some facilities also have specialized programs for aging inmates that affect custody placement decisions.

Practical Considerations and Next Steps

Navigating federal sentence reduction mechanisms requires understanding which options apply to your specific situation and the procedural requirements for each. Timing is critical. Rule 35(a) must be filed within 14 days, Rule 35(b) typically within one year, and compassionate release requires exhausting administrative remedies first. Missing these deadlines can foreclose otherwise viable options.

Documentation is essential for successful sentence reduction motions. This includes institutional records showing program participation and good conduct, evidence of changed circumstances for compassionate release, cooperation agreements and government recommendations for substantial assistance motions, and medical records or other evidence supporting your claims. Thorough documentation significantly strengthens any motion.

Success rates vary dramatically depending on the mechanism and individual circumstances. First Step Act credits have the highest success rate for eligible inmates, with thousands benefiting annually. Compassionate release approval rates hover around 16 percent. Rule 35(b) motions depend entirely on government willingness to file. Presidential clemency remains rare but not impossible. Understanding realistic probabilities helps set appropriate expectations.

Multiple mechanisms may apply simultaneously. An inmate might be earning First Step Act credits while also being eligible for a retroactive guideline amendment reduction and later qualifying for compassionate release. Experienced federal criminal defense attorneys can identify all applicable pathways and coordinate strategy across multiple motions.

Anyone considering seeking a federal sentence reduction should consult with an attorney experienced in federal post-conviction matters. These attorneys understand the complex procedural requirements, can assess which mechanisms offer the best prospects, and can prepare persuasive motions that address the relevant legal standards. While some defendants file pro se motions successfully, professional representation substantially improves the likelihood of success.

Conclusion

Federal sentences can indeed be reduced through compassionate release, Rule 35 motions, retroactive guideline amendments, First Step Act earned time credits, presidential clemency, and other mechanisms. The law has evolved significantly in recent years, particularly through the First Step Act, creating more opportunities for sentence modification than previously existed. However, each pathway requires meeting specific eligibility criteria and following proper procedures.

The complexity of federal sentence reduction law means that success often depends on experienced legal guidance. Each case presents unique facts and circumstances that determine which mechanisms might apply and what arguments might succeed. While the process can be challenging, legitimate pathways exist for those who qualify, and thousands of federal inmates have successfully reduced their sentences through these mechanisms.

If you or a loved one is serving a federal sentence and believe you may qualify for a reduction, consulting with a federal criminal defense attorney experienced in post-conviction matters is the essential first step. An attorney can evaluate your eligibility, identify applicable mechanisms, gather necessary documentation, and file persuasive motions that give you the best chance of success.