Originally published March 31, 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.

Compassionate Release Examples

United States v. Tinker, 2021 U.S. Dist. LEXIS 59628

A federal judge granted compassionate release to Alan Tinker, a 67-year-old man with COPD and many other health problems. He had served about 10 years for methamphetamine crimes. His sobriety and good conduct in prison helped his case.

Mr. Tinker’s sentence

Alan Charles Tinker had been in custody for 122 months, more than 10 years, on concurrent state and federal sentences. His sentences came from alleged conspiracy to distribute fifty grams or more of methamphetamine, transportation of methamphetamine, and possession of methamphetamine for sale. His projected release date had been June 29, 2025. The court granted him compassionate release.

His age and health

At 67, Mr. Tinker faced a higher risk of hospitalization or death if he caught COVID-19. According to the Centers for Disease Control, 8 out of 10 COVID-19 deaths reported in the United States had been in adults 65 and older.

He lives with many health conditions, including:

  • chronic obstructive pulmonary disease (COPD);
  • a bundle branch block on the left side of his heart;
  • Stage 3 Hepatitis C;
  • a 70-millimeter lesion on his liver;
  • a torn rotator cuff;
  • swelling in his legs below the knee, which causes numbness and lets him stand for only 15 minutes;
  • hypertension;
  • hypothyroidism;
  • arthritis; and
  • depression.

A medical report from a January 13, 2020 MRI also said the findings were “suggestive of small vessel disease.” The court agreed that being over 60 years old with COPD counted as “extraordinary and compelling reasons” for compassionate release.

His good conduct and sobriety

Mr. Tinker’s criminal history is serious and shows a long struggle with drug addiction, which he admits. But he had stayed sober for the last ten years, and the government did not dispute that. The government also noted his good conduct in federal prison for nearly a decade.

What happens next

Mr. Tinker will be released into the custody of U.S. Immigration and Customs Enforcement (“ICE”). He will not be deported, because his application for a certificate of citizenship with U.S. Citizenship and Immigration Services is pending. Compassionate release was granted, with release as soon as he finishes quarantine.

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