Rutherford v. United States
No. 24-820 · Decided May 28, 2026 · affirmed
Whether the sentencing disparity created by a nonretroactive change to sentencing law constitutes an "extraordinary and compelling reason" that warrants a sentence reduction. A sentencing disparity created by a nonretroactive change to sentencing law, such as the amendments to 18 U.S.C. § 924(c), cannot serve as an "extraordinary and compelling" reason warranting 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
Whether the sentencing disparity created by a nonretroactive change to sentencing law constitutes an "extraordinary and compelling reason" that warrants a sentence reduction. Specifically, the Court addresses whether such a disparity allows a prisoner to be eligible for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The case focuses on the impact of the First Step Act of 2018's nonretroactive amendments to 18 U.S.C. § 924(c).
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 for release, Congress impliedly authorized district courts to consider all other relevant information.
- District courts possess broad discretion to consider all relevant information when modifying a sentence, as established in *Concepcion v. United States*.
- The Sentencing Commission's 2023 amended policy statement, which adds "Unusually Long Sentence" as a valid reason for release, should be binding on the courts.
Respondent's argument
- Nonretroactive amendments to criminal penalties are the norm and reflect Congress's interest in finality and avoiding additional litigation.
- Treating a nonretroactive disparity as a "compelling" reason would undermine Congress's deliberate choice to leave existing sentences intact.
- Compassionate release is traditionally limited to a prisoner's personal circumstances, such as medical conditions, age, and family situations, rather than legal disparities.
- The Sentencing Commission's policy statements must be consistent with the governing statute and cannot override the will of Congress.
The decision
- The Court held that a sentencing disparity resulting from a nonretroactive change to sentencing law cannot serve as an "extraordinary and compelling" reason for a 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."
- Relying on *Dorsey v. United States* and *Hewitt v. United States*, the Court reasoned that nonretroactive amendments are the "ordinary practice," making such disparities unexceptional rather than "extraordinary."
- The Court found the disparity not "compelling" because it would contradict Congress's decision to apply lower sentences only to some violators of 18 U.S.C. § 924(c) to ensure finality.
- The Court noted that compassionate release is historically centered on personal circumstances, not legal disparities.
- Regarding 28 U.S.C. § 994(t), the Court rejected the "negative implication" that ruling out rehabilitation alone authorizes all other considerations, citing *NLRB v. SW General, Inc.*
- The Court distinguished *Concepcion v. United States*, noting that *Concepcion* dealt with the extent of a reduction where eligibility was already conceded, whereas this case concerns the "gatekeeping requirement" of eligibility.
- The Court warned that allowing such reductions would permit judges to reject mandatory minimums ordained by the legislature, violating the principle in *United States v. Wiltberger* that the legislature, not the Court, ordains punishment.
- The Court concluded that the Sentencing Commission's 2023 policy statement is invalid to the extent it conflicts with the statute, as courts must independently interpret the law 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" reasons to the Sentencing Commission, and the Commission's policy statement is a reasonable exercise of that authority.
- Contends that the Commission's guidance is consistent with the tradition of considering the "totality of the circumstances" in sentence modifications, citing *Concepcion v. United States*.
- Asserts that the majority's categorical bar ignores the fact that facts ordinary in isolation (such as aging or illness) can combine to form an extraordinary whole.