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Sentencing Commission policy statement

Definition

Official guidance issued by the U.S. Sentencing Commission that helps courts interpret and apply sentencing laws. Under 28 U.S.C. § 994(t), Congress directed the Commission to describe what constitutes 'extraordinary and compelling reasons' for compassionate release. These policy statements must go before Congress for six months before taking effect, and Congress can reject them.

Examples

  • The Commission's policy statement (b)(6) allows courts to consider non-retroactive changes in law as one factor in compassionate release, subject to a 10-year service requirement and multi-factor analysis

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