Before the First Step Act of 2018 was enacted, a sentencing court could only consider a motion for compassionate release if it was filed by the Director of the Bureau of Prisons. The First Step Act amended 18 U. S. C. Section 3582(c)(1)(A) to allow federal inmates to make a direct request to the sentencing court for compassionate release. The only requirement prior to being able to ask the district court for release is that the inmate exhaust his administrative remedies. "Exhausting administrative remedies," includes making a request of the Warden when the Warden doesn't respond after 30 days.
Federal judges are ordering defendants released every day because of the increased threats to inmates of contracting the Coronavirus. Federal jails and prisons are breeding grounds for the virus. It is impossible for inmates to observe social distancing and new inmates are brought into facilities from the outside every day. Prison guards are also in and out of the facilities after being exposed to countless individuals.
Cox & Mazzoli has had success helping defendants gain early release from federal jails and federal prisons by utilizing the Compassionate Release Law. Call us if we can help your loved one get home sooner.