Stacked 924(c) Sentences Can Be Basis for Compassionate Release

US v. McCoy: This appeal involves several consolidated cases that involved the same basic backgrounds - the young defendants, with minimal criminal history, were convicted and sentenced for multiple 924(c) firearms violations and received the huge, stacked, mandatory minimum sentences that the statute required at the time. In the wake of the First Step Act, the defendants all sought compassionate relief under 18 U.S.C. 3582(c)(1), arguing that the disparity between their sentences and what they would face today after the FSA's amendment to the 924(c) stacking provisions, along with their rehabilitative efforts, constituted "extraordinary and compelling reasons" for relief. All were granted relief by the district courts and had their sentences reduced to time served.

The Government appealed and the Fourth Circuit affirmed the defendants' reduced sentences. Any relief under 3582(c)(1) has to be "consistent" with "applicable policy statements" issued by the Sentencing Commission. The primary issue was whether the district court's had the authority under 3582(c)(1) to consider situations beyond the current version of USSG 1B1.13, which addresses reasons for compassionate release, including a "catch all" provision. That Guideline was enacted prior to the First Step Act and reflects the Bureau of Prisons' roll as gatekeeper for that kind of relief. Without a quorum, the Sentencing Commission has yet to revise the Guidelines to address a post-FSA world. The court rejected the Government's argument that the Guidelines controlled here, holding that there was no "applicable" Guideline with which the district court had to be consistent.  The court also rejected the Government's argument that this was an end-run around Congress' decision not to make the 924(c) changes retroactive, noting that the compassionate release procedure was an individual one, decided on a case by case basis, not a blanket retroactivity granted to an entire class of defendants.

Congrats to the Defender offices involved on the win!