Brief
Supreme Court ruling threatens release of Tennessee inmate under First Step Act
The high court’s May ruling means a man freed under the First Step Act may lose his freedom unless the White House grants clemency.
By Felo News Desk · Published
Patrick Dewayne Smith, a 47‑year‑old former inmate from rural Tennessee, faces the prospect of returning to prison after the U.S. Supreme Court ruled in May that people sentenced under older, harsher statutes cannot rely on sentencing disparities to obtain early compassionate release. Smith, who was freed in 2024 after serving 13 years for a non‑violent drug conviction, has been rebuilding his life with two jobs, church attendance and family involvement, according to a report by The Independent.
The First Step Act, enacted in 2021 during President Donald Trump’s first term, created a pathway for inmates convicted of non‑violent drug offenses to seek reduced sentences or early release when their original penalties are out of step with current sentencing guidelines. The law was promoted by Trump as a means to make communities safer and give former inmates a second chance. Jared Kushner, the former senior adviser, publicly supported the legislation, citing his father’s experience in federal prison.
Smith’s release was granted by a federal judge under the Act’s provisions. However, the Supreme Court’s May decision narrows the scope of the Act, holding that the disparity between historic sentencing laws and present‑day penalties does not automatically qualify an inmate for compassionate release. The ruling affects roughly a dozen individuals nationwide who were freed under the Act, according to the sentencing‑reform group Families Against Mandatory Minimums (FAMM).
FAMM’s general counsel, Shanna Rifkin, warned that without a presidential pardon or commutation, these individuals could be sent back to prison despite having demonstrated rehabilitation. "They’re doing everything that they should be doing. They’re reestablishing relationships with families. They’re volunteering in their communities. They’re working," Rifkin said, as quoted by The Independent. Smith himself expressed the emotional toll of the uncertainty, saying, "Every time I get a call, I’m hoping it’s some good news. Or, you know, at least not no bad news."
The case underscores a legal limbo for former inmates who have relied on the First Step Act’s compassionate‑release mechanism. Until the White House intervenes with clemency, Smith and others in similar positions remain vulnerable to re‑incarceration.
Key facts
- Patrick Dewayne Smith was released in 2024 under the First Step Act after serving 13 years for a non‑violent drug conviction. (independent.co.uk)
- The Supreme Court ruled in May that sentencing disparities alone do not qualify inmates for compassionate release under the Act. (independent.co.uk)
- FAMM estimates about a dozen people nationwide could be returned to prison because of the ruling. (independent.co.uk)
- Shanna Rifkin, FAMM’s general counsel, said clemency from the White House is needed to prevent re‑incarceration. (independent.co.uk)
- The First Step Act was championed by former President Donald Trump and Jared Kushner. (independent.co.uk)
Sources
- [1] independent.co.uk — originally reported as “A freed man faces life back in prison after a Supreme Court ruling on the First Step Act”
