February 26, 2025 - David M. Eskew
AEL and FAMM File Amicus Brief in Rutherford v. United States
On February 21, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the United States Supreme Court in Rutherford v. United States. The brief urged the Supreme Court to grant a petition for certiorari filed by Daniel Rutherford, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed, holding that a policy statement promulgated by the United States Sentencing Commission in 2023 permitting certain people to seek sentence reductions exceeded the broad authority that Congress expressly delegated to the Commission.
The brief supports Petitioner’s argument that the Commission’s policy statement, U.S.S.G. § 1B1.13(b)(6), was valid, proper, and within the scope of the Commission’s authority. 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 Third Circuit’s decision reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to 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 reviewed 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, Jeffrey Braun, Katherine Kulkarni, and Olivia Jecklin. The FAMM team includes Mary Price and Shanna Rifkin.