The Commission encourages the Director of the Bureau of Prisons to file such a motion if the defendant meets any of the circumstances set forth in Application Note 1. A reduction under this policy statement may be granted only upon motion by the Director of the Bureau of Prisons pursuant to 18 U.S.C. Motion by the Director of the Bureau of Prisons. In Note 3 (as so redesignated) by striking “subdivision (1)(A)” and inserting “this policy statement” Īnd by inserting after Note 3 (as so redesignated) the following new Note 4: Therefore, the fact that an extraordinary and compelling reason reasonably could have been known or anticipated by the sentencing court does not preclude consideration for a reduction under this policy statement.” For purposes of this policy statement, an extraordinary and compelling reason need not have been unforeseen at the time of sentencing in order to warrant a reduction in the term of imprisonment. Foreseeability of Extraordinary and Compelling Reasons. As determined by the Director of the Bureau of Prisons, there exists in the defendant’s case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (A) through (C).Ģ. (ii) The incapacitation of the defendant’s spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner. (i) The death or incapacitation of the caregiver of the defendant’s minor child or minor children. The defendant (i) is at least 65 years old (ii) is experiencing a serious deterioration in physical or mental health because of the aging process and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less. That substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover. (III) experiencing deteriorating physical or mental health because of the aging process, (II) suffering from a serious functional or cognitive impairment, or (I) suffering from a serious physical or medical condition, Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia. , a probability of death within a specific time period) is not required. A specific prognosis of life expectancy ( i.e. , a serious and advanced illness with an end of life trajectory). (i) The defendant is suffering from a terminal illness ( i.e.

Provided the defendant meets the requirements of subdivision (2), extraordinary and compelling reasons exist under any of the circumstances set forth below: (iv) As determined by the Director of the Bureau of Prisons, there exists in the defendant’s case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (i), (ii), and (iii).” īy redesignating Notes 1(B) and 2 as Notes 3 and 5, respectively, and inserting before Note 3 (as so redesignated) the following new Notes 1 and 2: (iii) The death or incapacitation of the defendant’s only family member capable of caring for the defendant’s minor child or minor children. (ii) The defendant is suffering from a permanent physical or medical condition, or is experiencing deteriorating physical or mental health because of the aging process, that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and for which conventional treatment promises no substantial improvement. (i) The defendant is suffering from a terminal illness.

Provided the defendant meets the requirements of subdivision (2), extraordinary and compelling reasons exist under any of the following circumstances: “(A) Extraordinary and Compelling Reasons. The Commentary to §1B1.13 captioned “Application Notes” is amended in Note 1 by striking the heading as follows: “ Application of Subdivision (1)(A). Amendment: Section 1B1.13 is amended in the heading by striking “as a Result of Motion by Director of Bureau of Prisons” and inserting “Under 18 U.S.C.

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