Man with child pornography conviction granted release (2021)

Originally published April 15, 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)).

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 Stanley Hagan, Jr., who was serving a 60-month sentence for receiving child pornography. The court pointed to his serious health problems during COVID-19, his remorse, his strong prison record, and his solid release plan.

Child Pornography

United States v. Hagan

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

2021 U.S. Dist. LEXIS 70141

April 14, 2021

Remorseful inmate with underlying health conditions granted compassionate release

His health and his request

Hagan is 36 years old. He was near the end of a 60-month sentence for one count of receiving child pornography. The Bureau of Prisons (BOP) had him set for release on September 1, 2022, less than 17 months away.

He asked for early release under the compassionate release law because of the COVID-19 pandemic and his health problems. These include:

Type 2 diabetes,
morbid obesity,
high blood pressure (hypertension), and
asthma.

Why the judge said yes

The court agreed that his health conditions put him at serious risk of complications if he caught COVID-19.

The court also noted that Hagan had fully accepted responsibility, expressed clear remorse, and showed he understood why his conduct was harmful. He seemed committed to bettering himself and planned to keep up his rehabilitation after release by continuing psychosexual therapy. He also had a suitable release plan and a supportive family.

His record in prison

Despite the seriousness of his offense, Hagan behaved well in prison. He had no incident reports. He used his time to further his education, finishing courses in paralegal studies, commercial truck driving, and investing. He leaned on his faith and picked up new hobbies to stay out of trouble.

Based on all of these factors together, the court granted his request for compassionate release.

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