Judge frees 70-year-old man with kidney failure (2021)

Originally published April 22, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

What the law says now (October 2026). A federal judge can reduce a sentence for “extraordinary and compelling” reasons (reasons that are especially unusual and convincing). You must first ask the warden in writing. You can file in court 30 days after the warden gets the request, or sooner if you finish the Bureau of Prisons’ appeals (18 U.S.C. § 3582(c)(1)(A)). The judge also weighs the sentencing factors in 18 U.S.C. § 3553(a). See who may seek compassionate release.

Rehabilitation. By law, rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). It can be weighed together with other reasons (U.S.S.G. § 1B1.13(d)).
COVID-19 and outbreaks. Today a court looks at whether the prison is affected, or at imminent risk of being affected, by an ongoing infectious disease outbreak or public health emergency, and whether the person faces a higher risk of severe illness or death that cannot be reduced in time (U.S.S.G. § 1B1.13(b)(1)(D)).
Bureau of Prisons rules. The Bureau’s current policy is Program Statement 5050.51 (September 3, 2026). It has no 18-month life-expectancy rule, it dropped the child-caregiver, spouse-caregiver, and “other elderly” categories, and it lets people in halfway houses or on home confinement apply.
Age. A court may consider a person who is 65 or older, has a serious decline in health because of aging, and has served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate rule covers people 70 or older who have served 30 years under 18 U.S.C. § 3559(c) (§ 3582(c)(1)(A)(ii)).

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

A federal judge in Florida granted compassionate release to Jerry Layne Canty, a 70-year-old man serving a mandatory life sentence for drug crimes. He was in poor health and had already served more than 26 years.

Aging Inmate

United States v. Canty

United States District Court for the Middle District of Florida, Jacksonville Division

2021 U.S. Dist. LEXIS 74235

April 20, 2021: an aging man with serious health problems is granted compassionate release.

Why he was in prison

In 1995, when he was 44, Canty was convicted of conspiracy to distribute cocaine and cocaine base, aiding and abetting the possession of cocaine base with intent to distribute, and possession with intent to distribute cocaine base.

He had two or more earlier felony drug convictions. Because of that, the law required a life sentence.

By the time he asked for release, Canty was 70 and had been locked up for more than 26 years. He asked the court to let him go home because he was elderly, his health was getting worse, and, in part, because of the Covid-19 pandemic.

His health and his plan for home

Canty caught Covid-19 in December 2020 and recovered. But he has several other serious illnesses:

End-stage kidney (renal) disease
HIV
Type 2 diabetes
Heart disease
High blood pressure (hypertension)
Chronic hepatitis C

He broke his hip in May 2020 and now needs a walker to get around.

He had a solid release plan. He would live with a family friend who agreed to help with his medical needs.

Why the judge said yes

The court found that, because of his age, maturity and physical condition, Canty was no longer a danger to the public and was not likely to commit new crimes.

He had been in federal custody for 26 years and five months (317 months), counting from when he was detained on November 8, 1994. He also seemed to have turned a corner: he had only one rule violation in the past 13 years.

At the time, the court also noted that sentencing rules had changed, and Canty likely would not get such a long sentence if he committed the same crimes today.

Weighing all of these factors together, the court granted Canty’s request for compassionate release.

If you want help with a compassionate release request, book a consultation.