A recent U.S. Sentencing Commission policy that allows judges to order the early release of some prisoners went beyond a law passed by Congress, a federal appeals court has ruled.
In the First Step Act, which former President Donald Trump signed into law in 2018, Congress enabled prisoners to petition for early release based on extraordinary and compelling reasons. In 2023, the Sentencing Commission narrowly approved a policy change allowing judges to consider a change in law when determining whether to grant petitions for early release.
Daniel Rutherford, who was convicted of two armed robberies in 2003 and sentenced to 42 years and five months, asked a judge to reduce his sentence, arguing that changes in the law would make his sentence at least 18 years shorter if he were sentenced today….