Sixth Circuit Holds Court May Consider Sentencing Disparities When Evaluation Compassionate Release Motions

In evaluating whether to grant compassionate release, can a district court consider sentencing disparities resulting from nonretroactive changes in federal law? Sixth Circuit (Mar. 9, 2021): No(ish?). Sixth Circuit (May 6, 2021): Yes. Sixth Circuit (June 3, 2021): No. Sixth Circuit (Aug. 30, 2021): No. Sixth Circuit (Dec. 17, 2021): Yes. Dissent: No.

The case is United States v. McCall, 21-3400, (6th Cir. Dec. 17, 2021).