Sentence Reductions for Federal Inmates and Defendants

Strategies to reduce your federal sentence or have it dropped entirely in 2025

If you or someone you know is facing federal charges or has been convicted of a federal crime, you have options available to have your sentence reduced or dropped entirely.

We’ll cover some of the most common routes to federal sentence reductions below.

Note that the details below are for informational purposes only. A federal criminal defense attorney review your specific case, assess your eligibility and guide you through the process.

Call Ventura federal attorney Robert M. Helfend for a free consultation at 805-273-5611.

Laws to release inmates in 2025

Below, we’ll cover common ways to reduce federal sentences or have them dropped entirely.

1. Compassionate release

Under 18 U.S.C. § 3582(c)(1)(A), inmates may seek a reduction in their sentence due to “extraordinary and compelling reasons,” such as:

  • Terminal Illness – A diagnosis of a terminal illness with a life expectancy of 18 months or less.
  • Debilitating Medical Conditions – Severe physical or mental conditions that substantially diminish the inmate’s ability to provide self-care within the correctional facility.
  • Elderly Inmates – Inmates aged 65 or older who have served a significant portion of their sentence and are experiencing age-related health decline.

The First Step Act of 2018 expanded the compassionate release program, allowing inmates to file motions directly with the court after exhausting administrative remedies with the Bureau of Prisons (BOP).

2. Rule 35(b) motion for sentence reduction

Federal Rule of Criminal Procedure 35(b) permits the court to reduce a sentence if the defendant provides substantial assistance in investigating or prosecuting another person.

The government must file a motion indicating that the defendant’s assistance was significant. The extent of the reduction is at the court’s discretion and considers factors such as the usefulness and timeliness of the assistance.

3. Commutation of sentence

A commutation is a form of executive clemency where the President reduces an inmate’s sentence.

Unlike a pardon, it does not expunge the conviction but lessens the punishment. Inmates can apply for commutation through the Office of the Pardon Attorney. Factors influencing commutation include the nature of the offense, the inmate’s behavior in prison, and evidence of rehabilitation.

4. Retroactive application of sentencing guidelines

The U.S. Sentencing Commission occasionally amends guidelines to reduce sentencing ranges for specific offenses. If these amendments are made retroactive, inmates sentenced under previous guidelines may petition for a sentence reduction.

For example, Amendment 821, effective November 1, 2023, allows certain offenders to seek reduced sentences based on updated criminal history calculations. Key changes include:

  • Reduced sentences for offenders with serious health conditions.
  • Sentence reductions for caregivers of disabled or elderly family members.
  • Early release for inmates abused or assaulted by correctional staff.
  • Lighter sentences for first-time offenders.
  • Reduced penalties for crimes no longer criminalized.

Sentence reduction based on criminal history

Amendment 821 addresses criminal history with two key changes:

  1. Elimination of “Status Points” – Offenders with fewer than six criminal history points will no longer have status points added for committing an offense while under probation or parole.
  2. “Zero-Point Offender” Category – Offenders with no prior convictions or irrelevant historical convictions may qualify for a two-level sentence reduction. However, serious offenses such as violent crimes, terrorism-related offenses, or civil rights violations do not qualify.

Sentence reductions for offenders with certain health conditions

Inmates with severe health issues that cannot be adequately treated within the prison system may qualify for sentence reductions. Additionally, prisoners at high risk during infectious disease outbreaks may be eligible for early release, based on new provisions introduced following the COVID-19 pandemic.

Reduced sentences for caregivers

The amendments offer sentence reductions for primary caregivers of disabled children, incapacitated parents, or other qualifying family members, even extending to non-biological relatives in some cases.

Early release for inmates convicted under outdated laws

Inmates serving sentences for offenses that have since been decriminalized may be eligible for early release under the new guidelines.

Early release for offenders abused while incarcerated

Inmates who have suffered abuse or sexual assault by prison staff are now eligible for early release, though this provision does not apply to violence committed by other inmates.

5. Post-conviction relief

Inmates may file motions under 28 U.S.C. § 2255 to vacate, set aside or correct a sentence if there are constitutional issues, such as ineffective assistance of counsel or newly discovered evidence.

Successful petitions can lead to sentence reductions or new trials.

6. Good conduct time credits

The 2018 First Step Act increased the amount of good conduct time credits inmates can earn, allowing eligible inmates to reduce their sentences by up to 54 days per year for good behavior.

These credits are applied toward early release to supervised release or home confinement.

7. Participation in rehabilitation programs

The BOP offers programs that allow inmates to earn time credits toward early release:

  • Residential Drug Abuse Program (RDAP) – Completion can reduce sentences by up to one year for eligible inmates.
  • Evidence-Based Recidivism Reduction Programs – Participation can earn time credits under the First Step Act, potentially leading to earlier placement in pre-release custody.

8. Appeals and Sentence Modifications

Defendants can appeal their sentences if there were legal errors during sentencing.

Successful appeals may result in reduced sentences or retrials. Additionally, under certain circumstances, courts can modify sentences based on changes in law or sentencing guidelines.

9. Clemency initiatives

At times, the executive branch initiates clemency programs targeting specific groups of inmates, such as non-violent drug offenders. These initiatives can lead to sentence commutations for qualifying individuals.

10. Parole for pre-guidelines offenses

Inmates convicted of offenses committed before November 1, 1987, may be eligible for parole, as they are not subject to the Sentencing Reform Act’s abolition of parole.

Parole decisions consider factors like behavior, rehabilitation efforts, and the nature of the offense.

Will inmates automatically be released?

Inmates will not automatically be granted early release. Eligible individuals must take specific steps to have their sentences reduced under these programs.

If you or a loved one might qualify, it’s critical to work with an attorney who can help navigate the process.

Factors considered by judges for sentence reductions

When deciding whether to grant a sentence reduction, judges often weigh factors such as:

  • Risk to public safety
  • The nature of the offense
  • Deterrence
  • The defendant’s character
  • Conduct during incarceration

Thousands of offenders may be eligible for sentence reductions or early release. Attorney Robert M. Helfend, with over four decades of federal defense experience, can help you explore your options.

Call 805-273-5611 for a free consultation.

Published January 12, 2024. Updated December 2, 2024.