Federal First Step Act — What It Changed And Who Qualifies

By John Kirby

Federal Criminal Defense Attorney • Arizona • California • Federal Courts Nationwide

2026-06-29

Understanding the Federal First Step Act — What It Changed And Who Qualifies

The Federal First Step Act, enacted in 2018, marked a significant shift in federal sentencing and correctional policies. This comprehensive legislation aimed at reforming aspects of the criminal justice system includes provisions that affect those already sentenced or awaiting sentencing under federal law. The Act’s impact is substantial for defendants facing federal charges, as it alters key components of the post-conviction process.

What this Procedure/Stage Is and Where It Fits in the Federal Criminal Timeline

The First Step Act intersects with the federal criminal timeline primarily during sentencing and after a defendant has been sentenced. Before its passage, many federal sentencing guidelines were rigid, leaving little room for judicial discretion or compassionate release applications. The Act’s introduction allowed judges more leeway to consider individual circumstances when determining sentences and opened doors for incarcerated individuals to petition for early release under certain conditions.

For defendants who have already been sentenced, the Act provides a pathway towards reevaluation of their sentence based on criteria that include time served, good behavior records, and specific types of offenses. This means that even after sentencing, there is still room for adjustments in one's criminal journey.

The Governing Rules (Federal Rules of Criminal Procedure, Local Rules, Case Law)

Key federal laws governing the First Step Act include Section 404 on “Reduction in Term of Imprisonment,” which allows judges to reduce sentences for certain drug offenses. This provision is based on amendments made by the Fair Sentencing Act of 2010, which reduced disparities between penalties for crack and powder cocaine offenses.

Additionally, under Section 603, defendants can now apply for compassionate release if they face extraordinary and compelling circumstances that would not have been considered prior to this legislation. These applications are initially reviewed by the Bureau of Prisons (BOP), which has discretion in whether to file a motion on behalf of an inmate.

Understanding these rules is crucial, as the application process can be complex, requiring detailed documentation and legal arguments regarding why a sentence should be reconsidered or reduced.

What Happens Step by Step in Practice

• Sentence Review: Once sentenced, defendants may request their cases be reviewed under the First Step Act's provisions if they qualify. This involves submitting detailed petitions to both the BOP and the court.
• Bureau of Prisons (BOP) Assessment: The BOP reviews these requests to determine eligibility based on criteria such as time served, good conduct credits, and specific offenses covered under the Act's provisions.
• Judicial Review: If approved by the BOP, a judge will review the case. This stage requires comprehensive legal support to build a persuasive argument for sentence reduction or compassionate release.

Key Strategic Considerations for Defendants and Counsel

Counsel must carefully analyze whether their client's case fits within the parameters set by the First Step Act, particularly focusing on drug offenses where sentencing guidelines have been relaxed. For inmates seeking early release through compassionate grounds, it’s essential to gather medical records, behavioral evaluations, and testimony from family members or social workers highlighting extraordinary circumstances.

Strategic considerations also involve understanding the nuances of each section of the Act and how they can be best leveraged for a defendant's benefit. Legal teams should remain updated on any new interpretations by courts regarding these provisions to maximize potential outcomes.

Common Questions Defendants and Families Have About This Stage

• Who qualifies under the First Step Act?: Individuals sentenced before or after August 2010 for certain drug offenses, facing extraordinary medical conditions, or meeting specific criteria related to aging prisoners may qualify.
• What's the process for applying for compassionate release?: The BOP must first approve a motion based on provided documentation. If approved, it then moves to court review.
• How can I get my sentence reconsidered?: Through detailed petitions that argue why your situation meets criteria set by the First Step Act or Fair Sentencing Act amendments.

Why Having Experienced Federal Counsel at This Stage Matters

In navigating the complexities of applying for relief under the First Step Act, having experienced federal counsel is crucial. These attorneys understand not only the technicalities but also how to advocate effectively within this evolving legal landscape. They can assist in gathering necessary evidence, drafting compelling motions, and representing defendants before both administrative bodies like the BOP and judicial courts.

Experienced federal counsel can make a significant difference in whether your case succeeds under the First Step Act’s provisions, potentially leading to reduced sentences or earlier release opportunities for eligible inmates. This expertise is invaluable in ensuring that defendants receive fair treatment throughout the criminal justice process.