Originally published April 26, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.
Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
A federal judge in Virginia reduced Tony Ervin Lopez’s sentence by 12 months, from 211 months to 199 months. The cut fixed a problem the sentencing judge never intended: the state was making him serve an extra year.
United States v. Lopez
United States District Court for the Eastern District of Virginia, Alexandria Division
2021 U.S. Dist. LEXIS 75789
Decided April 2021
What went wrong with his sentence
Lopez was sentenced to a 211-month federal sentence. The judge ordered it to run concurrently with (at the same time as) a 12-month Virginia state sentence he had already received. That meant his total time should have been 211 months.
But the Virginia Department of Corrections refused to follow the judge’s order. It insisted that the 12-month state sentence run consecutively, meaning after the federal sentence. That would have kept Lopez in prison for 223 months, a full 12 months longer than the judge imposed.
Why the judge said yes
Lopez asked the court to reduce his sentence by 12 months. The court reviewed the history of his case, along with all the key dates and motions.
It found that without the reduction, Lopez would be locked up longer than the sentencing judge ordered, which went directly against that order. So the court granted his motion and cut his sentence from 211 months to 199 months.
The case is a reminder that compassionate release is not limited to certain crimes. Even a person convicted of bank robbery can get relief when the facts call for it.
If you want help with a compassionate release request, book a consultation.