Judge frees 70-year-old serving two life sentences

Originally published April 3, 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.

Changes in sentencing law. In Rutherford v. United States (May 28, 2026), the Supreme Court held that when Congress makes a sentencing change non-retroactive (meaning it does not apply to people already sentenced), such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap between an old sentence and today’s sentence cannot be an “extraordinary and compelling” reason, alone or combined with other reasons. Some older posts here describe court wins on that theory; those wins are history, not today’s law.
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.

Court record: United States v. Swint, No. 2:94-cr-00276 (E.D. Pa.).

A federal judge in Pennsylvania granted compassionate release to Nate Swint, a 70-year-old man serving two life sentences for drug crimes. He had served nearly 27 years. The judge pointed to his very long sentence, his age and poor health, and his COVID-19 risk.

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Mr. Swint’s convictions and sentence

Mr. Swint was convicted of one count of conspiracy to distribute cocaine and heroin, two counts of possession of cocaine and heroin with intent to distribute, and one count of attempt to possess with intent to distribute cocaine. He was sentenced to two consecutive life sentences. He had been in federal custody since June 5, 1994, so he had served nearly twenty-seven years.

His health problems

Mr. Swint, who is seventy years old, has hypertension (high blood pressure), hypertensive retinopathy, hyperlipidemia (high cholesterol), prediabetes, lower back pain, an enlarged prostate, arthritis, a history of knee replacement surgery, and kyphosis (a curved upper spine).

The government reported that he also has anemia, dermatitis/eczema, edema, esophageal reflux, shoulder pain, spinal stenosis, vitamin D deficiency, and neuralgia/neuritis. He also has a history of smoking and a body mass index (“BMI”) of 28.4, which means he is overweight. The court agreed that these conditions put him at higher risk of serious harm if he caught COVID-19.

Why the court granted release

At the time, the court concluded that, taken together, (1) Mr. Swint’s excessive sentence of life imprisonment; (2) his age, time served, and declining health; and (3) the increased risks to his health from the COVID-19 pandemic were extraordinary and compelling circumstances that justified compassionate release in his case.

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