Rutherford v. United States
No. 24-820 · Decided May 28, 2026 · affirmed
Does the sentencing disparity created by a nonretroactive change to 18 U.S.C. §924(c) constitute an "extraordinary and compelling reason" for a sentence reduction? A sentencing disparity created by a nonretroactive change to 18 U.S.C. §924(c) does not constitute an "extraordinary and compelling" reason that warrants a sentence reduction under 18 U.S.C. §3582(c)(1)(A)(i).
Vote & lineup6–3 on the judgment. Barrett delivered the opinion of the Court, joined by Roberts, Thomas, Alito, Gorsuch, Kavanaugh (6). Dissent(s): Sotomayor (joined by Kagan, Jackson).
The question
Does the sentencing disparity created by a nonretroactive change to 18 U.S.C. §924(c) constitute an "extraordinary and compelling reason" for a sentence reduction? This question arises under the "compassionate release" provision of 18 U.S.C. §3582(c)(1)(A)(i). Specifically, the Court must determine if such a disparity warrants relief despite Congress's decision not to make the amendment retroactive.
Petitioner's argument
- The terms "extraordinary and compelling" are flexible and require a case-by-case inquiry into the totality of the circumstances.
- Because 28 U.S.C. §994(t) only expressly prohibits "rehabilitation of the defendant alone" as a reason, Congress impliedly authorized the consideration of all other relevant information.
- District courts generally possess broad discretion to consider all relevant information when modifying a sentence, as seen in *Concepcion v. United States*.
- The Sentencing Commission's 2023 policy statement, which recognizes "Unusually Long Sentence" as a valid reason, should be followed.
Respondent's argument
- Nonretroactive amendments to criminal penalties are the norm and therefore not "extraordinary."
- Congress's deliberate choice to leave sentences intact reflects an interest in finality and avoids burdening courts with litigation.
- Allowing such disparities to trigger release would undermine the legislative judgment that the punishment fits the crime.
- The Sentencing Commission's policy statement is invalid because it conflicts with the statutory text and the will of Congress.
The decision
- The Court held that a sentencing disparity resulting from a nonretroactive change to 18 U.S.C. §924(c) cannot serve as an "extraordinary and compelling" reason for a sentence reduction under 18 U.S.C. §3582(c)(1)(A)(i).
- The Court defined "extraordinary" as "most unusual" or "far from common" and "compelling" as "tending to convince or convert by or as if by forcefulness of evidence."
- It reasoned that nonretroactive amendments are the "norm" and "ordinary practice," citing *Dorsey v. United States* and *Hewitt v. United States*.
- The Court found the disparity is not "compelling" because it would undermine Congress's interest in finality and its choice to leave the sentence intact.
- It noted that the "heartland of compassionate release" is defined by a prisoner's personal circumstances (e.g., medical condition, age, family), not legal disparities.
- The Court rejected the "negative implication" argument regarding 28 U.S.C. §994(t), citing *NLRB v. SW General, Inc.* to state that ruling out one item (rehabilitation) does not license all others.
- It clarified that eligibility for compassionate release is a "gatekeeping requirement" distinct from the §3553(a) factors, distinguishing this from *Concepcion v. United States* where eligibility was conceded.
- The Court concluded that allowing such reductions would permit judges to reject mandatory penalties ordained by the legislature, violating the principle in *United States v. Wiltberger*.
- Finally, the Court ruled that the Sentencing Commission's 2023 policy statement is invalid to the extent it conflicts with the statute, as courts must "independently interpret the statute" per *Loper Bright Enterprises v. Raimondo*.
Separate opinions
Sotomayor, dissenting (joined by Kagan, Jackson)
- Argues that 28 U.S.C. §994(t) expressly delegates the authority to define "extraordinary and compelling" to the Commission, and the 2023 policy statement is a reasonable exercise of that power.
- Contends that courts have a tradition of broad discretion to consider all relevant information in sentence-modification proceedings, citing *Concepcion v. United States*.
- Asserts that a holistic, individualized inquiry into a "gross" disparity is distinct from categorical retroactivity and does not create a loophole for mandatory minimums.