Education and rehabilitation help win release (2021)

Originally published April 12, 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.

In April 2021, a federal judge in New York granted compassionate release to Jimmy Jesus Barriga-Beltran. The court pointed to his serious health problems and the progress he made in prison, including earning his GED.

Education Efforts Lead to Compassionate Release

United States v. Barriga-Beltran

United States District Court for the Eastern District of New York

2021 U.S. Dist. LEXIS 67786

Background of the case

On September 13, 2019, Jimmy Jesus Barriga-Beltran was sentenced to 27 months in prison and 2 years of supervised release for possession with intent to distribute 500 grams or more of cocaine.

Barriga-Beltran is 61. He has hypertension, type II diabetes, coronary artery disease, and asthma, which put him at higher risk of complications if he caught COVID-19.

Why the judge said yes

While in prison, he earned a GED, completed treatment at the EAC New Path outpatient clinic, and became passionate about drug abuse education. After release, his family is ready to support him financially, emotionally, and medically.

He based his request on his health problems and his work toward rehabilitation. Because of the strides he made in prison, his health issues, and the risk of COVID-19 complications, the court granted him compassionate release.

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