Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy

Statement) (a) IN GENERAL.—Upon motion of the Director of the Bureau of Prisons or the defendant pursuant to 18 U.S.C. § 3582(c)(1)(A), the court may reduce a term of imprisonment (and may impose a term of supervised release with or without conditions that does not exceed the unserved portion of the orig- inal term of imprisonment) if, after considering the factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, the court deter- mines that— (1) (A) extraordinary and compelling reasons warrant the reduction; or (B) the defendant (i) is at least 70 years old; and (ii) has served at least 30 years in prison pursuant to a sentence imposed under 18 U.S.C. § 3559(c) for the offense or offenses for which the de- fendant is imprisoned; (2) the defendant is not a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g); and (3) the reduction is consistent with this policy statement. (b) EXTRAORDINARY AND COMPELLING REASONS.—Extraordinary and compel- ling reasons exist under any of the following circumstances or a combina- tion thereof: (1) MEDICAL CIRCUMSTANCES OF THE DEFENDANT.— (A) The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end-of-life trajectory). A specific prognosis of life expectancy (i.e., a probability of death within a specific time period) is not required. Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end- stage organ disease, and advanced dementia. (B) The defendant is— (i) suffering from a serious physical or medical condition, 48 ║ Guidelines Manual (November 1, 2024) §1B1.13 (ii) suffering from a serious functional or cognitive impairment, or (iii) experiencing deteriorating physical or mental health be- cause of the aging process, that substantially diminishes the ability of the defendant to pro- vide self-care within the environment of a correctional facility and from which he or she is not expected to recover. (C) The defendant is suffering from a medical condition that requires long-term or specialized medical care that is not being provided and without which the defendant is at risk of serious deteriora- tion in health or death. (D) The defendant presents the following circumstances— (i) the defendant is housed at a correctional facility affected or at imminent risk of being affected by (I) an ongoing outbreak of infectious disease, or (II) an ongoing public health emer- gency declared by the appropriate federal, state, or local au- thority; (ii) due to personal health risk factors and custodial status, the defendant is at increased risk of suffering severe medical complications or death as a result of exposure to the ongoing outbreak of infectious disease or the ongoing public health emergency described in clause (i); and (iii) such risk cannot be adequately mitigated in a timely man- ner. (2) AGE OF THE DEFENDANT.—The defendant (A) is at least 65 years old; (B) is experiencing a serious deterioration in physical or mental health because of the aging process; and (C) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less. (3) FAMILY CIRCUMSTANCES OF THE DEFENDANT.— (A) The death or incapacitation of the caregiver of the defendant’s minor child or the defendant’s child who is 18 years of age or older and incapable of self-care because of a mental or physical disabil- ity or a medical condition. Guidelines Manual (November 1, 2024) ║ 49 §1B1.13 (B) The incapacitation of the defendant’s spouse or registered part- ner when the defendant would be the only available caregiver for the spouse or registered partner. (C) The incapacitation of the defendant’s parent when the defendant would be the only available caregiver for the parent. (D) The defendant establishes that circumstances similar to those listed in paragraphs (3)(A) through (3)(C) exist involving any other immediate family member or an individual whose relation- ship with the defendant is similar in kind to that of an immediate family member, when the defendant would be the only available caregiver for such family member or individual. For purposes of this provision, “immediate family member” refers to any of the individuals listed in paragraphs (3)(A) through (3)(C) as well as a grandchild, grandparent, or sibling of the defendant. (4) VICTIM OF ABUSE.—The defendant, while in custody serving the term of imprisonment sought to be reduced, was a victim of: (A) sexual abuse involving a “sexual act,” as defined in 18 U.S.C. § 2246(2) (including the conduct described in 18 U.S.C. § 2246(2)(D) regardless of the age of the victim); or (B) physical abuse resulting in “serious bodily injury,” as defined in the Commentary to §1B1.1 (Application Instructions); that was committed by, or at the direction of, a correctional officer, an employee or contractor of the Bureau of Prisons, or any other individ- ual who had custody or control over the defendant. For purposes of this provision, the misconduct must be established by a conviction in a criminal case, a finding or admission of liability in a civil case, or a finding in an administrative proceeding, unless such proceedings are unduly delayed or the defendant is in imminent dan- ger. (5) OTHER REASONS.—The defendant presents any other circumstance or combination of circumstances that, when considered by themselves or together with any of the reasons described in paragraphs (1) through (4), are similar in gravity to those described in paragraphs (1) through (4). (6) UNUSUALLY LONG SENTENCE.—If a defendant received an unusually long sentence and has served at least 10 years of the term of impris- onment, a change in the law (other than an amendment to the Guide- lines Manual that has not been made retroactive) may be considered 50 ║ Guidelines Manual (November 1, 2024) §1B1.13 in determining whether the defendant presents an extraordinary and compelling reason, but only where such change would produce a gross disparity between the sentence being served and the sentence likely to be imposed at the time the motion is filed, and after full considera- tion of the defendant’s individualized circumstances. (c) LIMITATION ON CHANGES IN LAW.—Except as provided in subsection (b)(6), a change in the law (including an amendment to the Guidelines Manual that has not been made retroactive) shall not be considered for purposes of determining whether an extraordinary and compelling reason exists under this policy statement. However, if a defendant otherwise establishes that extraordinary and compelling reasons warrant a sentence reduction under this policy statement, a change in the law (including an amendment to the Guidelines Manual that has not been made retroactive) may be considered for purposes of determining the extent of any such reduction. (d) REHABILITATION OF THE DEFENDANT.—Pursuant to 28 U.S.C. § 994(t), re- habilitation of the defendant is not, by itself, an extraordinary and compel- ling reason for purposes of this policy statement. However, rehabilitation of the defendant while serving the sentence may be considered in combi- nation with other circumstances in determining whether and to what ex- tent a reduction in the defendant’s term of imprisonment is warranted. (e) FORESEEABILITY OF EXTRAORDINARY AND COMPELLING REASONS.—For pur- poses of this policy statement, an extraordinary and compelling reason need not have been unforeseen at the time of sentencing in order to war- rant a reduction in the term of imprisonment. 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. Application Notes: Commentary 1. Interaction with Temporary Release from Custody Under 18 U.S.C. § 3622 (“Fur- lough”).—A reduction of a defendant’s term of imprisonment under this policy statement is not appropriate when releasing the defendant under 18 U.S.C. § 3622 for a limited time adequately addresses the defendant’s circumstances. 2. Notification of Victims.—Before granting a motion pursuant to 18 U.S.C. § 3582(c)(1)(A), the Commission encourages the court to make its best effort to ensure that any victim of the offense is reasonably, accurately, and timely notified, and provided, to the extent practicable, with an opportunity to be reasonably heard, unless any such victim previously requested not to be noti- fied. Background: The Commission is required by 28 U.S.C. § 994(a)(2) to develop general policy state- ments regarding application of the guidelines or other aspects of sentencing that in the view of the Commission would further the purposes of sentencing (18 U.S.C. § 3553(a)(2)), including, among other things, the appropriate use of the sentence modification provisions set forth in 18 U.S.C. § 3582(c). In Guidelines Manual (November 1, 2024) ║ 51 §1B1.13 doing so, the Commission is required by 28 U.S.C. § 994(t) to “describe what should be considered extraordinary and compelling reasons for sentence reduction, including the criteria to be applied and a list of specific examples.” This policy statement implements 28 U.S.C. § 994(a)(2) and (t). Historical Note Effective November 1, 2006 (amendment 683). Amended effective November 1, 2007 (amendment 698); No- vember 1, 2010 (amendment 746); November 1, 2016 (amendment 799); November 1, 2018 (amend- ment 813); November 1, 2023 (amendment 814). 52 ║ Guidelines Manual (November 1, 2024) CHAPTER TWO §2A1.1 OFFENSE CONDUCT Introductory Commentary Chapter Two pertains to offense conduct. The chapter is organized by offenses and divided into parts and related sections that may cover one statute or many. Each offense has a corresponding base offense level and may have one or more specific offense characteristics that adjust the offense level upward or downward. Certain factors relevant to the offense that are not covered in specific guidelines in Chapter Two are set forth in Chapter Three, Parts A (Victim-Related Adjustments), B (Role in the Offense), and C (Obstruction and Related Adjustments); Chapter Four, Parts B (Career Offenders and Criminal Livelihood) and C (Adjustment for Certain Zero-Point Offenders); and Chapter Five, Part K (Departures). Historical Note Effective November 1, 1987. Amended effective November 1, 2011 (amendment 758); November 1, 2024 (amendment 831). PART A ― OFFENSES AGAINST THE PERSON 1. HOMICIDE