Request for Early Termination of Supervised Release

In the federal criminal justice system, supervised release is a period of community supervision that follows a term of imprisonment. A "Request for Early Termination of Supervised Release" is a motion filed by a defendant under 18 U.S.C. § 3564(c) and 18 U.S.C. § 3583(e)(1). This motion allows an individual to petition the court to end their supervised release period earlier than originally scheduled. The court may grant such a request at any time after the expiration of one year of supervised release, provided it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. Key factors the court considers include:

• Consistent Compliance: The defendant's adherence to all conditions of supervised release, including reporting requirements, drug testing, and any special conditions.
• Post-Sentencing Conduct: Evidence of positive changes, such as stable employment, educational pursuits, community involvement, and avoidance of new criminal activity.
• Rehabilitation Efforts: Participation in and successful completion of programs (e.g., substance abuse treatment, anger management, educational courses) aimed at addressing underlying issues.
• Public Safety: The court assesses whether early termination would pose a risk to public safety.
• Interests of Justice: A broad consideration that allows the court to weigh all relevant circumstances.

This motion is a crucial tool for defendants who have demonstrated a commitment to rehabilitation and successful reintegration into society, allowing them to regain full liberty sooner. Our service assists defendants in preparing compelling arguments for early termination based on their individual circumstances and legal merits.

For more information, refer to: U.S. Code Title 18, Part II, Chapter 227, Subchapter A - Supervised Release

Motion for Sentence Reduction (Compassionate Release)

A "Motion for Sentence Reduction (Compassionate Release)" is a critical mechanism for federal inmates to seek a reduction in their term of imprisonment due to "extraordinary and compelling reasons." This is primarily governed by 18 U.S.C. § 3582(c)(1)(A). The First Step Act of 2018 significantly expanded access to compassionate release by allowing defendants to directly petition the court for this relief, rather than relying solely on the Bureau of Prisons (BOP) to file such motions. An inmate may file this motion after exhausting administrative remedies within the BOP (i.e., requesting the warden to file a motion on their behalf and receiving a denial or no response) or after 30 days from the receipt of such a request by the warden, whichever is earlier. While the U.S. Sentencing Commission has provided policy statements defining "extraordinary and compelling reasons," federal courts have increasingly interpreted this phrase broadly, especially in light of unforeseen circumstances.

Historically, these reasons included:

• Medical Circumstances: Terminal illness with a life expectancy of 18 months or less, or a debilitating medical condition that substantially diminishes the inmate's ability to provide self-care within the prison environment and from which he or she is not expected to recover.
• Age: Inmates who are at least 65 years old, have served at least 75% of their term of imprisonment, and are experiencing a serious deterioration in physical or mental health due to aging.
• Family Circumstances: Death or incapacitation of the caregiver of the inmate's minor child, or incapacitation of the inmate's spouse or registered partner when the inmate would be the only available caregiver.

However, particularly during the COVID-19 pandemic, federal courts across the country recognized the unique and unprecedented health risks posed by the virus within correctional facilities as an "extraordinary and compelling reason" for release. This expanded interpretation has opened the door for a wider range of arguments for compassionate release, including:

• Vulnerability to Disease: Inmates with pre-existing medical conditions that make them highly susceptible to severe illness or death from infectious diseases.
• Unsafe Prison Conditions: Inability of the BOP to adequately protect inmates from widespread outbreaks or provide necessary medical care.
• Rehabilitative Efforts and Post-Conviction Conduct: Courts may also consider significant rehabilitative efforts, exceptional post-conviction conduct, or disparities in sentencing that, when combined with other factors, rise to the level of extraordinary and compelling.

This broader judicial interpretation means that compassionate release is now being filed by a wide array of inmates for various reasons beyond the initial narrow definitions. In evaluating a compassionate release motion, the court must also consider the factors set forth in 18 U.S.C. § 3553(a) (factors to be considered in imposing a sentence), such as the nature and circumstances of the offense, the history and characteristics of the defendant, and the need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, protect the public, and provide the defendant with needed educational or vocational training, medical care, or other correctional treatment. Our service specializes in identifying and articulating these extraordinary and compelling reasons, and crafting motions that effectively present the inmate's case to the federal court, leveraging the evolving legal landscape of compassionate release.

For more information, refer to: U.S. Code Title 18, Part III, Chapter 229 - Postsentence Administration

First Step Act Credits (Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241)

This motion, formally known as a "Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241," is a crucial tool for federal inmates who believe the Bureau of Prisons (BOP) has incorrectly calculated their sentence. Specifically, this petition is used to challenge the BOP's application of "earned time credits" under the First Step Act (FSA). The FSA allows eligible inmates to earn credits for participating in recidivism reduction programs and productive activities, which can lead to an earlier release date.

However, the calculation and application of these credits can be complex, and errors by the BOP are not uncommon. If an inmate has earned credits that are not being properly applied to their sentence, a § 2241 petition is the legal mechanism to ask a federal court to review the BOP's calculation and order a correction. This is not a challenge to the original conviction or sentence itself, but rather a challenge to the *execution* of the sentence by the BOP. Before filing, an inmate must typically exhaust all administrative remedies through the BOP's internal grievance process. Our service helps inmates prepare a compelling petition that clearly outlines the earned credits, demonstrates the BOP's error, and proves that all necessary administrative steps have been taken.

For more information, refer to: U.S. Code Title 28, Part VI, Chapter 153 - Habeas Corpus

Motion to Vacate, Set Aside, or Correct a Sentence

Commonly referred to as a "2255 motion," this is a powerful post-conviction remedy available to federal prisoners under 28 U.S.C. § 2255. It allows a person in federal custody to challenge the legality of their conviction or sentence on specific, limited grounds. Unlike a direct appeal, which reviews errors made during the trial or sentencing process, a 2255 motion is a collateral attack that focuses on fundamental defects in the criminal proceedings that were not, or could not have been, raised on direct appeal. The primary grounds for filing a 2255 motion include:

• Violation of Constitutional Rights: The sentence was imposed in violation of the Constitution or laws of the United States (e.g., ineffective assistance of counsel, prosecutorial misconduct, due process violations).
• Lack of Jurisdiction: The court that imposed the sentence lacked jurisdiction.
• Excessive Sentence: The sentence imposed was in excess of the maximum authorized by law.
• Otherwise Subject to Collateral Attack: Other fundamental errors that render the conviction or sentence invalid.

There are strict procedural rules and a one-year statute of limitations for filing a 2255 motion, which generally runs from the latest of: (1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from making a motion by such governmental action; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. Our service provides expertise in identifying valid grounds for a 2255 motion and drafting the necessary legal arguments to challenge unlawful convictions or sentences.

For more information, refer to: U.S. Code Title 28, Part VI, Chapter 153 - Habeas Corpus

Motion to Modify Conditions of Supervised Release

A "Motion to Modify Conditions of Supervised Release" is a formal request made to the federal court under 18 U.S.C. § 3583(e)(2) to alter the terms and conditions of an individual's supervised release. This motion can be filed by either the defendant or the government. The court retains broad authority to modify, reduce, or enlarge the conditions of supervised release at any time prior to the expiration or termination of the term. Common reasons for seeking modification include:

• Changed Circumstances: Significant changes in the defendant's life, such as securing stable employment, completing educational programs, or experiencing health issues that impact their ability to comply with existing conditions.
• Rehabilitation Progress: Demonstrating consistent positive behavior and successful reintegration into the community, which may warrant a reduction in restrictive conditions.
• Necessity for Public Safety: In some cases, the government may seek to impose stricter conditions if there are concerns about public safety or the defendant's compliance.

When considering a motion to modify, the court must take into account the factors set forth in 18 U.S.C. § 3553(a), which include the nature and circumstances of the offense, the history and characteristics of the defendant, and the need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, protect the public, and provide the defendant with needed educational or vocational training, medical care, or other correctional treatment. The goal is to ensure that the conditions of supervised release remain appropriate and serve the statutory purposes of sentencing. Our service assists defendants in preparing well-reasoned motions to modify conditions, aiming to achieve more favorable and appropriate terms of supervision.

For more information, refer to: U.S. Code Title 18, Part II, Chapter 227, Subchapter A - Supervised Release