Federal sentencing

Can a Federal Sentence Be Reduced After It's Final?

Sometimes, yes — but only through a short list of exceptions in 18 U.S.C. § 3582. Here is what they are and how each one starts.

Written by Brandon Sample · Updated October 9, 2026

On this page

Sometimes, yes. Once a federal judge imposes a prison sentence, the general rule is that it can't be changed. But 18 U.S.C. § 3582(c) lists a few exceptions, and families often don't learn about them until years later. This is not a new trial and it is not a pardon. It is a motion asking the same court to lower the number.

The older sentence-reduction page points here.

The starting rule: the sentence is final

Section 3582(c) says a judge may not change a prison term once it is imposed, except in the situations the law lists. Knowing which exception fits — if any — is the first step. Filing the wrong kind of motion wastes months.

When the Guidelines were lowered later — § 3582(c)(2)

Sometimes the U.S. Sentencing Commission lowers the Guidelines range that applied to your family member and makes the change retroactive, meaning it reaches people already sentenced. When that happens, the judge may lower the sentence.

Two well-known examples:

Amendment 782 ("drugs minus two") lowered most drug ranges by two levels in 2014 and was made retroactive.
Amendment 821 (2023) cut "status points" (extra criminal history points for being on probation or parole at the time of the crime) and created a two-level reduction for some people with zero criminal history points. Both parts were made retroactive, with release dates no earlier than February 1, 2024 (U.S. Sentencing Commission).

This is not a full resentencing. In Dillon v. United States, 560 U.S. 817 (2010), the Supreme Court said the judge decides only whether to apply the lower range and how far to go, following the Commission's rules in USSG §1B1.10 and the § 3553(a) factors.

For an example of an appeals decision on an Amendment 782 motion, see Amendment 782 reconsideration. That case was not handled by this office.

When another law allows it — § 3582(c)(1)(B)

This part lets a judge change a sentence only when another statute, or Federal Rule of Criminal Procedure 35, expressly allows it. Rule 35 covers fixing clear errors within 14 days and reductions for helping the government.

First Step Act § 404 is the kind of law this clause points to. It lets courts lower sentences for certain crack cocaine offenses committed before August 3, 2010.

Compassionate release — § 3582(c)(1)(A)

A judge may also lower a sentence for "extraordinary and compelling reasons." This is usually called compassionate release.

Your family member must ask the warden first, in writing. They can file in court after they have finished the prison's appeal process, or 30 days after the warden got the request — whichever comes first. Keep a copy of the request and the date it was delivered. The judge then weighs the § 3553(a) factors and the Sentencing Commission's policy statement, USSG §1B1.13, which lists reasons such as serious illness, age and certain family situations. Bureau of Prisons (BOP) medical records are often the most important evidence.

A separate path exists for people at least 70 years old who have served at least 30 years under 18 U.S.C. § 3559(c), if the BOP finds they are not a danger.

For more on compassionate release, see compassionaterelease.com.

What to gather

Start with the judgment (the court's final order stating the sentence), the case or docket number, the statement of reasons if you have it, and the Guidelines calculation the court used. Add any amendment or law you think applies.

The first question is always the same: is there a real § 3582 path here, or is this actually a 2255 motion or a clemency request? For help with a 2255 motion, see 2255motion.com. For help asking the President for clemency, see clemency.com.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.

Common questions

Can a federal sentence be reduced after it is final?

Only in a few ways set by law. A court can reduce a prison sentence for "extraordinary and compelling reasons" (compassionate release), when the Sentencing Commission lowers a Guidelines range and makes the change retroactive, or when another statute or Rule 35 allows it (18 U.S.C. § 3582(c)). Rule 35 covers clear errors corrected within 14 days of sentencing and substantial assistance to the government (Fed. R. Crim. P. 35).

How long does compassionate release take?

There is no fixed timeline. The person must first ask the warden, and can file in court only after finishing the BOP's appeals or 30 days after the warden receives the request, whichever is earlier (18 U.S.C. § 3582(c)(1)(A)). After that, the time depends on the court's schedule and the government's response. The reasons that can qualify, such as serious illness, age or family circumstances, are listed in USSG § 1B1.13.

Does a change to the Sentencing Guidelines lower a sentence already imposed?

Only if the Sentencing Commission makes that change retroactive. Then the person can ask the judge for a reduction under 18 U.S.C. § 3582(c)(2), within the limits of USSG § 1B1.10. It is a limited reduction, not a full resentencing, and the judge still decides whether to grant it (Dillon v. United States, 560 U.S. 817 (2010)).

How do First Step Act time credits work?

Eligible people earn 10 days of credit for every 30 days they successfully take part in approved programs or productive activities, and 5 more days per 30 if they are rated minimum or low risk and their risk has not gone up over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)). Credits can move someone to a halfway house or home confinement earlier, or start supervised release up to 12 months early (18 U.S.C. § 3624(g)).