Judge weighs quality of life, frees ill 63-year-old (2021)

Originally published April 1, 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.

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)).
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 granted compassionate release to Albert Parish, a 63-year-old man serving a fraud sentence. The court found his many serious illnesses made it very likely his health would keep declining in prison and that he would not live to his release date.

March 31, 2021 – Albert Parish

How his health and quality of life shaped the decision

Compassionate Release Examples

United States v. Albert Parish

2021 U.S. Dist. LEXIS 61684

His case and his health

Albert E. Parish pled guilty to mail fraud and making false statements. The charges came from a financial scheme in which he took money from hundreds of clients of his investment businesses to pay for a lavish lifestyle.

At 63, Parish had served 153 months of an expected 249-month sentence. He has several serious medical conditions. The most serious are:

A 100% blockage of a main heart artery (the distal LAD) that cannot be fixed with surgery
Moderate chronic kidney disease, one step below severe kidney disease

He also has Type II adult-onset diabetes, high blood pressure, atrial fibrillation (an irregular heartbeat) and obesity. He uses a walker to get around, and he survived a bout of COVID-19. He was housed at the Butner Medical Center in a minimum security setting.

His record in prison

Parish had no rule violations on his record and had finished more than 150 academic courses in prison. His release plan was to live with his wife. The court agreed he posed no real threat to public safety.

Why the judge said yes

The court said that the combined effect of Albert Parish’s heart, kidney, blood vessel and other long-term conditions, made worse by his age, made it highly likely his health would keep declining in prison. The court found he would likely not survive until his expected release date at age 71.

He had served nearly 13 years. Looking at all the factors, the court found they tipped decidedly toward compassionate release.

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