CRIMINAL LAW:  Supreme Court Limits What Is Extraordinary and Compelling for Compassionate Release

Robert Westendorf—Senior Attorney

     In two separate opinions recently handed down, the Supreme Court took a narrow view on what constitutes “extraordinary and compelling” reasons that justify early release. In Fernandez v. United States, No. 24-556, 2026 U.S. LEXIS 2295, 146 S. Ct. 1292 (May 28, 2026), the defendant was convicted of murder for hire and sentenced to two life sentences. Id. at *8. Eventually, after his habeas challenge failed, the defendant filed a motion for compassionate release under 18 U.S.C. § 3582, which allows district courts to shorten prison sentences for extraordinary and compelling reasons. Id. at *7-11. He argued that he was actually innocent, which warranted a sentence reduction. Id. at *11. The district court agreed and granted the motion, but the Second Circuit reversed. Id. at *11-12. The Supreme Court granted certiorari and in an opinion by Justice Barrett that was joined by the other conservative justices, affirmed. Id. at *12-26. The Court noted that collateral attacks on conviction are governed by the habeas statute of 28 U.S.C. § 2255, which imposes “tight procedural constraints.” Id. at *13. The defendant’s motion under Section 3582 is “a collateral attack outside the rigorous habeas framework. . . . Challenging the validity of a conviction through a compassionate release motion circumvents the exacting requirements of §2255.” Id. at *15.

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