Patrick Dewayne Smith and about a dozen other formerly incarcerated individuals face a possible return to federal prison following a May Supreme Court ruling. Smith, who was released in 2024 after serving 13 years of a life sentence for a nonviolent drug conviction, is at risk of reincarceration because the court narrowed the criteria for early compassionate release.
The legal shift stems from the First Step Act, a criminal justice reform law signed by President Donald Trump. In 2023, the U.S. Sentencing Commission adopted rules allowing judges to consider sentencing disparities between old and new laws as a reason for compassionate release for those who had served at least 10 years. While judges used these rules to free dozens of people, the Department of Justice (DOJ) argued the Commission exceeded its authority.
In a 6-3 decision in May, the Supreme Court ruled that past sentencing disparities do not constitute "extraordinary and compelling" reasons for release. Justice Amy Coney Barrett wrote for the majority that Congress’s decision not to make newly reduced penalties retroactive meant those disparities could not justify a sentence reduction. Last month, federal prosecutors cited this ruling in court documents challenging Smith's release, stating that even under current laws, he would be subject to a 25-year mandatory minimum.
This development affects approximately 12 people nationwide who were released from federal prison under the 2023 sentencing guidelines but now face legal challenges to their freedom. For these individuals, the ruling means a potential return to prison to serve life sentences or decades-long terms that would not be applied to new defendants today. FAMM, a sentencing reform group, reports that those affected have already spent years rebuilding lives, securing employment, and reuniting with family members.
The scale of the impact is concentrated on a small group of former inmates, but the legal precedent sets a higher bar for others currently serving time under older federal drug laws. A person in this position would notice the change through new court filings by the DOJ seeking to vacate their release orders. For Smith, a 47-year-old working two jobs, the ruling means he could be required to serve the remainder of a life sentence originally triggered by a 2010 conviction for drug conspiracy and money laundering involving crack cocaine and marijuana.
The effects include a narrowing of the First Step Act's reach and a potential increase in petitions for executive clemency. FAMM's general counsel, Shanna Rifkin, stated that without a grant of clemency from the White House, these individuals have few remaining legal avenues to maintain their freedom. A White House official, speaking on condition of anonymity, stated the administration is currently reviewing these developments. The DOJ has indicated it cannot agree to sentences below what the law requires. No specific dates for future court hearings or clemency deadlines were reported.