What Is 18 U.S.C. § 3582?
18 U.S.C. § 3582 is the federal statute governing when and how a court can modify a term of imprisonment after it has been imposed. Generally, federal sentences are final — but § 3582 creates specific exceptions that allow courts to reduce them.
There are three main subsections that matter for sentence reduction:
- § 3582(c)(1)(A): Compassionate release / extraordinary and compelling reasons
- § 3582(c)(2): Reduction based on a retroactive change to the Sentencing Guidelines
- § 3582(c)(1)(B): Reduction expressly permitted by another statute or court rule
§ 3582(c)(1)(A): Compassionate Release
This is the most widely used provision. After the First Step Act of 2018, prisoners can file directly with the sentencing court if the Bureau of Prisons doesn't act on a compassionate release request within 30 days.
The standard: the court must find (1) extraordinary and compelling reasons warrant the reduction, and (2) a reduction is consistent with the applicable § 3553(a) sentencing factors and relevant Sentencing Commission policy statements.
Grounds that courts have accepted include:
- Serious medical conditions, including terminal illness
- Age and deteriorating health (65+ with significant time served)
- Death or incapacitation of the only caregiver for a minor child
- Unusually long sentences where the law has since changed
- Combination of circumstances that together rise to extraordinary
§ 3582(c)(2): Retroactive Guideline Amendments
When the U.S. Sentencing Commission amends the Sentencing Guidelines and makes the amendment retroactive, prisoners sentenced under the old guidelines can file a § 3582(c)(2) motion for a reduced sentence reflecting the new guidelines.
This provision requires:
- The Sentencing Commission designated the amendment as retroactive (listed in U.S.S.G. § 1B1.10)
- The defendant's guideline range would be lower under the amended guidelines
- The § 3553(a) factors support a reduction
A significant recent example: the Sentencing Commission's 2023 "Amendment 821" reduced criminal history points for certain offenders and made the change retroactive. Thousands of federal prisoners became eligible for reductions. Courts are still processing these motions.
How to File a § 3582 Motion
For § 3582(c)(1)(A) — Compassionate Release
- Submit administrative request to the Warden requesting the BOP file a motion on your behalf. Keep documentation of the submission date.
- Wait 30 days. If the Warden denies the request or doesn't respond, you can proceed to court.
- File the motion in the sentencing court. The motion should include: the legal standard, documentation of extraordinary circumstances, a release plan, and argument on the § 3553(a) factors.
- The government responds (typically within 21 days). A reply is usually allowed.
- The court rules — usually on the papers, sometimes with a hearing.
For § 3582(c)(2) — Retroactive Guideline Change
- Confirm the amendment applies retroactively (check U.S.S.G. § 1B1.10 or consult a federal public defender).
- Calculate what the guideline range would be under the amended guidelines.
- File the motion in the sentencing court with the recalculation and argument on why a reduction is warranted under § 3553(a).
No administrative exhaustion is required for § 3582(c)(2) motions.
What Courts Look For
Beyond the specific grounds, courts weigh the full picture of the case before granting a § 3582 reduction:
- Seriousness of the original offense — violent offenses face higher scrutiny
- Behavior in prison — clean disciplinary record, program participation, and demonstrated rehabilitation matter significantly
- Time already served — courts are more favorable when the person has served a substantial portion of the sentence
- Release plan — where will they go, who will support them, what supervision is in place
- Risk to public safety — courts must find that the reduction doesn't pose an undue risk
Finding Supporting Case Law
One of the most important components of any § 3582 motion is showing the court that similar motions have been granted — and what arguments worked. CaseMatchAI searches 180,000+ federal court opinions and can surface decisions where courts granted § 3582 reductions in circumstances similar to yours.
Describing your situation — offense type, sentence length, health conditions, time served, behavior record — and finding the cases that match gives you the foundation for a stronger motion.