How to Get a Federal Sentence Reduced: Appeals, Resentencing and Other Paths

A federal sentence can sometimes be reduced after it is imposed. The main paths are an appeal that leads to resentencing, compassionate release, a retroactive change to the Sentencing Guidelines, a reduction for helping the government, and, for some older crack cocaine cases, the First Step Act. Each has its own rules and deadlines, which we cover below.

One case shows how resentencing can work in practice. If an appeals court says a sentence is too long, the trial judge must lower it. But the judge does not have to agree with the appeals court's reasons. That was the lesson of United States v. Sawyer, No. 15-2276 (2d Cir. Oct. 26, 2018).

The mandate rule

When an appeals court sends a case back, its order is called the "mandate." The "mandate rule" means the trial court must follow what the appeals court decided. The Second Circuit applied this rule in Sawyer, citing Burrell v. United States, 467 F.3d 160 (2d Cir. 2006).

An appeals court can find a sentence "substantively unreasonable," meaning too harsh for the facts. One common reason is that the judge did not give enough weight to the defendant's "history and characteristics," a factor the judge must consider under 18 U.S.C. § 3553(a)(1).

What happened in Sawyer

Jesse Sawyer pleaded guilty to child exploitation offenses and got 30 years. In 2016, the Second Circuit held that 30 years was substantively unreasonable. The court pointed to his horrific childhood abuse and his lack of any significant criminal record, and it sent the case back for resentencing.

The trial judge said on the record that she disagreed with the appeals court. In her view, 30 years was not unreasonable given how serious the crimes were. She still cut the sentence to 25 years, but for a different reason: his excellent record in prison since the first sentencing.

Sawyer appealed again. He argued that 25 years was still unreasonable, and that the judge had not followed the mandate because she openly disagreed with the appeals court and ignored its reasons. A June 2018 opinion in the case first sided with him. But the panel then affirmed the 25-year sentence by order in July 2018. Its October 2018 opinion explained that the mandate required a big enough reduction, and five years was substantial. A trial judge does not have to endorse an appeals court's decision, the court said; the mandate rule "only compels compliance." One judge dissented.

Why this matters for you

The goal on appeal is a shorter sentence. Sawyer shows a judge may reach that result for their own reasons.

It also shows that good conduct in prison counts. At a resentencing, the judge may consider your rehabilitation since the first sentence. Pepper v. United States, 562 U.S. 476 (2011). Classes, work, and a clean disciplinary record can make a real difference. In Sawyer, rehabilitation alone was enough for the judge to cut five years, which is encouraging for anyone working hard inside.

So even while an appeal is pending, work with your lawyer on ways to show rehabilitation. Those efforts can pay off at resentencing, especially if the judge is not moved by the other mitigating factors your lawyer raises. The legal issues on appeal come first, but it helps to have a lawyer who also pays attention to how your rehabilitation is documented and presented.

Other ways to reduce a federal sentence

An appeal is only one path. Others include:

• Compassionate release. You can ask the court for a reduction for "extraordinary and compelling reasons," such as serious illness, age, or family need. You must first ask the warden and either wait 30 days or finish the BOP (Bureau of Prisons) appeal process. 18 U.S.C. § 3582(c)(1)(A); USSG §1B1.13. In 2026, the Supreme Court held that a change in the law that Congress did not make retroactive cannot be that reason. Rutherford v. United States, No. 24-820 (U.S. May 28, 2026).
• A lowered guideline range. If the Sentencing Commission lowers a range and makes the change retroactive, you may ask for a reduction. 18 U.S.C. § 3582(c)(2); USSG §1B1.10.
• Help to the government. The government can ask the court to cut your sentence for substantial help in another case. Fed. R. Crim. P. 35(b).
• Crack cocaine sentences. Section 404 of the First Step Act lets some people convicted of crack offenses committed before August 3, 2010, ask for a lower sentence (First Step Act § 404(a)).

Can a federal sentence be modified?

Only in a few ways. Federal law starts from a firm rule: "The court may not modify a term of imprisonment once it has been imposed," except as 18 U.S.C. § 3582(c) allows. A sentence modification, in this sense, means the court lowers or changes a prison term after sentencing. A motion to modify a sentence has to fit one of these routes:

• Compassionate release, § 3582(c)(1)(A). The court may reduce the term for "extraordinary and compelling reasons," on a motion by the Bureau of Prisons or by the person after asking the warden and either exhausting BOP appeals or waiting 30 days. A separate path covers some people 70 or older who have served at least 30 years under § 3559(c). See compassionaterelease.com for who qualifies.
• As permitted by statute or Rule 35, § 3582(c)(1)(B). The court may modify a term "to the extent otherwise expressly permitted by statute or by Rule 35." One example is a government motion for substantial assistance after sentencing under Fed. R. Crim. P. 35(b).
• Retroactive guideline amendments, § 3582(c)(2). If the Sentencing Commission lowers the guideline range the sentence was based on and makes the change retroactive, the court may reduce the term, consistent with USSG §1B1.10. The judge's explanation can be brief; see our note on Chavez-Meza v. United States.

Two court rules allow corrections, not reductions on the merits:

• Rule 35(a), clear error. "Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error" (Fed. R. Crim. P. 35(a)). "Sentencing" here means the oral announcement of the sentence (Rule 35(c)), so the window is short.
• Rule 36, clerical errors. The court "may at any time correct a clerical error in a judgment, order, or other part of the record," such as a typo in the written judgment that does not match what the judge said (Fed. R. Crim. P. 36).

Our § 3582 guide explains the procedure for these motions in more detail.

Deadlines and first steps

• Appeal. In a criminal case, the notice of appeal is usually due 14 days after the judgment is entered. Fed. R. App. P. 4(b)(1)(A). The judgment is the court's written order stating the conviction and sentence.
• Section 2255 motion. A § 2255 motion asks the sentencing court to vacate or correct a sentence that was imposed in violation of the law, such as after ineffective help from a lawyer. It generally must be filed within one year, most often counted from the date the conviction became final. 28 U.S.C. § 2255(f).
• Gather the basics. Have the judgment, the case (docket) number, the presentence report if you can get it, and, for a medical request, BOP medical records.
• Keep the case off recorded lines. Prison phone calls and TRULINCS email are monitored. Do not discuss the facts of the case there.

Common questions

How do you get a federal sentence reduced?

After sentencing, a federal prison term can be reduced only through the routes the law allows: a successful appeal and resentencing, compassionate release, a retroactive guideline amendment, or a government motion for substantial assistance (18 U.S.C. § 3582(c); Fed. R. Crim. P. 35(b)). Each has its own requirements and deadlines, and the judge decides whether to grant it.

Can a federal sentence be modified?

Yes, but only in limited ways. The court "may not modify a term of imprisonment once it has been imposed" except for compassionate release, as expressly permitted by statute or Rule 35, or after a retroactive guideline amendment (18 U.S.C. § 3582(c)). Separately, clear errors can be corrected within 14 days after sentencing (Fed. R. Crim. P. 35(a)) and clerical errors at any time (Fed. R. Crim. P. 36).

What is a motion to modify a sentence?

It is a request asking the sentencing court to change a prison term after it was imposed. In federal court, the motion must rest on one of the grounds in 18 U.S.C. § 3582(c), such as extraordinary and compelling reasons or a retroactive guideline amendment. A Rule 35(b) substantial-assistance motion can be filed only by the government (Fed. R. Crim. P. 35(b)).

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