Judge frees 71-year-old man in a wheelchair (2019)

Originally published July 13, 2020. 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.

The Sentencing Commission’s policy statement. Since November 1, 2023, U.S.S.G. § 1B1.13 applies to motions filed by prisoners as well as by the Bureau of Prisons, and a reduction must be consistent with it (18 U.S.C. § 3582(c)(1)(A)). Posts from 2020–2023 that say courts were “not bound” by it describe the law before that date. Rutherford (2026) held the policy statement invalid to the extent it lets a non-retroactive change in law count as a reason.
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.

Court record: United States v. Bellamy, 2019 WL 3340699 (D. Minn. July 25, 2019).

A federal judge in Minnesota granted compassionate release to Willie Bellamy, a 71-year-old man in a wheelchair with kidney and heart disease. The Bureau of Prisons had denied his request and opposed his motion. The judge said he qualified because of his serious medical condition, not his age alone.

How the First Step Act changed things

compassionate release petition-compassionate release-early release petitions-early release-medical release-sick inmates

The First Step Act of 2018 lets people in federal prison ask for early release themselves. People who meet the other conditions and have trouble caring for themselves because of a serious disease may seek compassionate release. At the time of this case, the law was new and courts were still working out how to apply it.

The Bureau of Prisons no longer has the final say on medical cases

The Bureau of Prisons (BOP) no longer makes the final decision on a compassionate release petition. Before, the BOP approved or denied petitions with no judge involved. Now, thanks to the First Step Act, a person can go to court directly if the BOP turns them down. That gives people more chances to win early release even when the BOP says no.

U.S. v. Willie Bellamy is one example. It was a successful motion for compassionate release in the United States District Court for the District of Minnesota. The BOP had denied the petition because Mr. Bellamy’s illness existed when he was sentenced and had only gotten worse with age. The court made clear that a serious medical condition that qualifies for release does not have to mean someone needs care 24/7.

Mr. Bellamy’s case and his health

In U.S. v. Bellamy, the defendant pleaded guilty to conspiracy to distribute heroin. He was sentenced to 60 months in prison and four years of supervised release. At age 71, Mr. Bellamy filed a petition for compassionate release. He relied on two categories: “debilitated medical conditions” and “elderly inmates with medical conditions.” Chronic diabetic kidney disease and heart problems left him in a wheelchair and in constant pain.

Why the BOP said no

The BOP agreed that Mr. Bellamy had chronic health problems. But it said his problems were not bad enough to require moving him out of the general population. The government also said his condition was the same as it was at his sentencing hearing. The BOP even claimed that aging alone caused his health to decline. So the BOP denied Mr. Bellamy’s request and later opposed his motion in court.

The judge found the BOP ignored its own rules

The court found that the BOP ignored its own medical guidelines in Mr. Bellamy’s case. His condition had gotten worse since his sentencing hearing. Prison medical records showed he needed medical care every day. He could not eat or go to the bathroom without help. The court also found that the BOP’s claim that he could function on his own contradicted its own doctors’ findings.

How his case compared with other releases

The court also looked at other cases where people in prison filed for compassionate release. It found that Mr. Bellamy’s condition and chronic pain were just as severe as those of others who had been released early. Denying his petition, the court said, would ignore those newer decisions. His detailed medical records, showing the constant care he needed, made his case stronger.

Age alone was not enough

When Mr. Bellamy filed his petition, more than 50% of his sentence was still left. The court rejected his argument for release based only on his age. In the end, he won release based only on his debilitating medical condition.

His sentence was reduced to time served. The rest of his sentence was turned into supervised release so he could get medical care.

What this case means for others

In U.S. v. Bellamy, the court noted that the changes to compassionate release were recent. Because the rules were so new, there were few earlier decisions to rely on. That gave each decision extra weight.

The BOP’s compassionate release guidelines do not bind the court, but the court does notice when the BOP departs from them. Here, the court criticized the BOP for ignoring its own standard for a serious medical condition. Every medical record showed that Mr. Bellamy needed serious help several times a day. He simply could not take care of himself in prison.

The case is a reminder to raise every reason that applies. The court turned down Mr. Bellamy’s request based on age alone. Luckily, he had also asked for release based on a debilitating medical condition. In general, a person can give more than one reason for early release.

Key lessons for families

This grant is helpful for anyone seeking a sentence reduction. The BOP’s opinion cannot outweigh the Sentencing Commission’s policy statements. The court looks at whether extraordinary and compelling reasons justify a reduction, the §3553(a) sentencing factors (the general factors judges weigh at sentencing), and whether the person would be a danger to the public.

Don’t let a BOP denial stop you from seeking compassionate release. This case shows that a qualifying “debilitating medical condition” does not have to mean 24/7 care. If a person with a physical disability needs help with daily tasks, they likely have a debilitating medical condition. They do not have to be on permanent bed rest to qualify.

People with physical limits from a serious illness pose less of a safety risk. Courts must weigh the risk to the public before granting early release. So people who use a wheelchair, like Mr. Bellamy, have strong arguments that they are not a danger.

A person can also still qualify even if the illness started before sentencing. Age and time make many medical conditions worse, and that does not weaken a petition. In other words, a person may be released because a pre-existing illness has gotten worse. Being unable to care for oneself in prison also makes a petition stronger.

Getting help with a petition

Compassionate release petitions involve complex legal arguments, so it helps to have a lawyer. Criminal Center can help with a petition.

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