Originally published July 10, 2020. Statements about the law were updated in October 2026; the box below gives today’s rules.
When prosecutors do not oppose a compassionate release motion, the person’s chances usually improve. But they still have to meet every requirement. A federal judge in Arizona granted release to an 81-year-old man in a case where the government took no position.
Why the government’s position matters
In general, courts are more likely to grant compassionate release when the government takes no position. Even so, the person must still show they meet all the requirements. This Arizona case shows that a lack of opposition from the government can be one of the most helpful factors for a person in prison.
The Bureau of Prisons (BOP) must give people in prison adequate medical care. Health problems get more complicated as people age. The First Step Act of 2018 gives people a way to seek early release if they meet certain conditions.
In many cases, the BOP first denies the request for early release. The person then files a motion in federal district court. After that, the government usually opposes it. Federal prosecutors tend to take a hard line against compassionate release.
Even when the government does not oppose a motion, the person must still meet the requirements. The United States District Court for the District of Arizona granted compassionate release in a rare case where the government took no position.
Mr. Johns’s request for release
In U.S. v. Lyle Gerald Johns, the defendant was serving 40 years for marijuana-related convictions and three concurrent life sentences for cocaine-related convictions. After serving 23 years, he asked for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) and early release under Section 603(b)(1) of the First Step Act. He was 81 years old when he filed. The government took no position.
His age-related health problems
A BOP doctor testified that Mr. Johns had several age-related conditions. They included osteoporosis, poor balance, severe heart disease, a cerebral vascular accident (a stroke), and peripheral vascular disease. He could still do some things for himself, but the doctor said his abilities would decline with age.
His behavior in prison and safety concerns
The BOP doctor also confirmed that the BOP could not provide the constant medical care Mr. Johns needed. The doctor said he did not think Mr. Johns was a danger to society in his condition. BOP records called him a “model inmate.”
Changes in drug sentencing
At the time, the court also mentioned how sentencing for drug crimes had changed since Mr. Johns was convicted. His lawyer argued that people now usually get shorter sentences for drug trafficking. The judge agreed but noted that Mr. Johns had led the drug ring and trafficked cocaine. Even so, the court found that a reduced sentence still fit the seriousness of the crime.
The court granted release
In the end, the court granted Mr. Johns’s request for early release. It required a new home inspection before his release, because the last one had been done more than two years earlier. This was a significant win for compassionate release in Arizona.
The court liked that Mr. Johns already had plans in place for supervised release. The probation office had already approved the home where he planned to live. The court said this reduced any possible danger he might pose.
What U.S. v. Johns means when the government takes no position
U.S. v. Johns adds to the case law supporting early release based on age-related medical conditions. Mr. Johns had served 23 years of a life sentence before filing. He also posed no threat to the community because of his debilitating condition.
Above all, the most helpful factor was that the government took no position. It is harder to win early release when the government opposes the motion. Even if the BOP denies a request, the government can still choose not to fight it in court.
No matter what the government does, put full effort into the motion. The court can still decide that it does not meet the requirements of the First Step Act.
Lessons for your own petition
This case shows that sometimes the government will not stand in the way of a compassionate release request. But that is rare. Expect to have to prove your case at every step. Never sit back just because the government took no position.
Mr. Johns also arranged where he would live and lined up acceptable supervised release conditions before the court ruled. That answered any worry that he might be a danger to the community or commit another crime after release. When possible, try to put these plans in place at the same time you file a compassionate release motion.
This Arizona decision strengthens the argument that people who did not commit violent crimes, are not dangerous, and face serious medical conditions deserve early release.
Getting help with a petition
A compassionate release petition is too important to leave to chance. As most district court cases show, the BOP routinely denies these requests. So you need to be ready to take the case to federal district court, and to pursue it just as hard even if the government takes no position.
The lawyers at Criminal Center can guide you through every part of a petition for early release, with close attention to detail and knowledge of the federal process.
If you have a loved one in federal prison, Criminal Center can help you or your loved one look at options for filing a compassionate release petition.
If you want help with a compassionate release request, book a consultation.