COVID-19 and compassionate release

Did COVID-19 change compassionate release?

For a while, yes. In 2020 and 2021, many people filed motions because COVID-19 was spreading through federal prisons. Some courts found that a person's own high risk of severe illness, combined with an outbreak at the prison, was an extraordinary and compelling reason — the law's words for a reason unusual and serious enough to shorten a sentence.

What does the rule say now?

Since November 1, 2023, the Sentencing Commission's rule covers outbreaks directly. A judge may consider it when the prison is affected, or about to be affected, by an ongoing outbreak of infectious disease or a declared public health emergency; the person's own health puts them at higher risk of severe illness or death; and that risk cannot be reduced in time (U.S.S.G. § 1B1.13(b)(1)(D)).

Fitting that description does not guarantee a yes. The judge still weighs everything else, including the sentencing factors in 18 U.S.C. § 3553(a).

What happened in one 2021 case?

Below is a 2021 report of one district-court order, United States v. Parker, E.D. Pa., 2021 U.S. Dist. LEXIS 66400. It shows how one judge ruled at the height of the pandemic. It does not predict how a judge would rule on your case today.

What matters after 2026?

A motion still has to be about the person's situation now. In May 2026, the Supreme Court ruled out arguments based only on a later sentencing change (Rutherford) or on a claim that the conviction is wrong (Fernandez). Good conduct cannot be the only reason (28 U.S.C. § 994(t)). See who qualifies, serious medical conditions, and the process.

A 2021 case report: United States v. Parker

Originally published April 8, 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.

Covid Compassionate Release Granted.

April 8, 2021

Covid Compassionate Release

United States v. Parker

United States District Court for the Eastern District of Pennsylvania

2021 U.S. Dist. LEXIS 66400

Health risks connected to Covid along with rehabilitation lead to compassionate release

John Douglas Parker was arrested in June 2008 for the armed robbery of two banks. He pled guilty to two counts of armed bank robbery and was sentenced to 228 months in prison and five years’ supervised release. His projected release date is July 31, 2025. Thus, he already has served roughly 154 months of his 228-month sentence and has credit for good conduct time of approximately 10 months, for a total time served of approximately 164 months.

Parker, who is 59, made a request for compassionate release based upon the fact that he has high blood pressure, high cholesterol, stage 3 chronic kidney disease and mild obesity, all of which put him at an increased risk of an adverse outcome were he to contract Covid-19.

In making its decision, the court noted that Parker had been a model prisoner, committing no infractions whatsoever. Further, he struggled with an addiction to drugs and alcohol for most of his life and virtually all his criminal history was attributable to his substance abuse. Additionally, Parker participated in several programs to better himself during his recent time behind bars, and he is currently working towards obtaining his associates’ degree. The court also found that Parker was no longer a threat to public safety. The court granted his request for compassionate release.