August 20, 2025 - David M. Eskew
On August 15, 2025, Abell Eskew Landau LLP filed an amicus curiae brief in the U.S. Supreme Court on behalf of FAMM and the National Association of Criminal Defense Lawyers (“NACDL”) in Rutherford v. United States and Carter v. United States, which have been consolidated by the Court for briefing and argument. Argument in the cases is scheduled for November 12, 2025.
The brief argued that U.S.S.G. § 1B1.13(b)(6), the United States Sentencing Commission’s policy statement concerning the criteria for sentence reductions pursuant to 18 U.S.C. § 3582(c)(1)(A)—sometimes called “compassionate release”— promulgated in 2023, is within the scope of the Commission’s statutory authority, consistent with past practice, and important for facilitating just sentencing outcomes. Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The decisions below in Rutherford and Carter deepened a division among the federal Courts of Appeals regarding §1B1.13(b)(6), and would prevent many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to reverse those decisions below and confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).
The brief, which can be read in full below, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.
The AEL team includes Jarrod Schaeffer, Olivia Jecklin, and Nafeesah Attah.