Originally published May 12, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.
Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
A federal judge in New York ended Ernest Montevecchi’s prison sentence early so he could attend his son’s funeral. He had only a few months left to serve.
May 11, 2021
United States v. Montevecchi
United States District Court for the Southern District of New York
2021 U.S. Dist. LEXIS 87909
Inmate near the end of sentence granted compassionate release to attend son’s funeral
Why a family loss can count
A person in prison can ask for compassionate release, a sentence reduction based on “compelling or extraordinary circumstances”. Release is often granted because of health problems, or because of concerns about whether the sentence was fair.
In this case, the court’s decision to grant compassionate release came from something even more heartbreaking: the loss of a child.
His sentence and release date
In February 2019, Montevecchi pled guilty to one count of racketeering conspiracy. On May 17, 2019, he was sentenced to 30 months in prison, followed by three years of supervised release. His expected release date was August 21, 2021.
He was set to move to a halfway house on April 27, 2021. But because of the Bureau of Prisons’ (BOP) mandatory quarantine rules, that move was pushed back to June 2, 2021.
The quarantine rules still applied to him even though he had tested positive for COVID-19 on November 2, 2020, which gave him antibodies, and had finished his COVID-19 vaccinations on April 7, 2021.
Why the judge said yes
After his son died, Montevecchi asked for compassionate release so he could attend the funeral. He argued that, with only a few months left on his sentence, his son’s death was an “extraordinary and compelling reason” to reduce it.
The court agreed. It called the loss of a child a “horrible family circumstance” and a “tragic event.”
The court also said the case for compassion was especially strong because of the timing. His son died only a few months before the end of his sentence, and two days after the date he would have gone to a halfway house if not for the BOP’s quarantine rules.
If you want help with a compassionate release request, book a consultation.