Originally published April 9, 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.
In April 2021, a federal judge in New York granted compassionate release to McArthur Jean. He had a painful skin condition that weakened his immune system, a spotless prison record, and a nonviolent conviction. The court found his COVID-19 risk was real and that he was not a danger to the community.
United States v. Jean
United States District Court for the Eastern District of New York
2021 U.S. Dist. LEXIS 67240
Health risks and a clean disciplinary record led to compassionate release.
The case
McArthur Jean pleaded guilty to one count of conspiracy to commit securities fraud. On July 26, 2019, he was sentenced to 48 months in prison and 3 years of supervised release (supervision by a probation officer after prison).
Mr. Jean is 38 years old. He had served about a year and a half of his sentence, with an expected release date of April 1, 2023.
What he asked for
Mr. Jean asked to serve the rest of his sentence on home confinement with his parents at their home in Florida. He pointed out that:
- he had no disciplinary infractions in prison;
- he had a “minimum score” on the Prisoner Assessment Tool Targeting Estimated Risk and Needs (the BOP’s tool for rating a prisoner’s risk of reoffending);
- his crime was nonviolent; and
- COVID-19, which had been widespread where he was held, hits Black men and women especially hard.
Mr. Jean also has a painful skin condition that weakens his immune system.
Why the judge said yes
The court granted his request because of his excellent disciplinary record, because he was not a danger to the community, and because of his particular health risks from COVID-19. His case shows that compassionate release may be within reach for more people than you might expect.
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