Man with kidney disease freed over COVID risk (2021)

Originally published May 26, 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.

Rehabilitation. By law, rehabilitation alone is not an extraordinary and compelling reason (28 U.S.C. § 994(t)). It can be weighed together with other reasons (U.S.S.G. § 1B1.13(d)).
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.

In May 2021, a federal judge in Virginia granted compassionate release to Leonard Paul Marshall and reduced his sentence to time served. He had kidney disease, obesity, and other conditions that put him at high risk from COVID-19, and he had served 20 years with good conduct.

High Risk Medical

Marshall v. United States

United States District Court for the Eastern District of Virginia, Norfolk Division

2021 U.S. Dist. LEXIS 96563

Compassionate release granted to inmate with high-risk health conditions

His case

On May 30, 2001, a jury convicted Leonard Paul Marshall of conspiracy to distribute and possess with intent to distribute heroin. On September 28, 2001, he was sentenced to 360 months (30 years) in prison, with ten years of supervised release.

At the time of his sentencing, the sentencing guidelines were mandatory, not advisory as they are now. That meant the court had to impose a 360-month sentence.

So far, Marshall has served about 20 years of his 30-year sentence, or roughly 67%. On August 28, 2020, he filed for compassionate release, citing the COVID-19 pandemic as his main reason.

His health

Marshall is obese and has stage 2 chronic kidney disease, hyperlipidemia (high cholesterol), and several other ailments. These put him at greater risk of severe illness if he gets COVID-19. The court ordered the government to respond to his request, but it did not.

His record in prison

Throughout his time in prison, Marshall has held steady jobs, completed many educational courses and trainings, and had very few disciplinary infractions. He also gave the court several letters of support from community leaders and family members, showing strong, positive ties to his community.

Why the judge said yes

The court found that Marshall is, in fact, especially vulnerable to COVID-19. The CDC lists chronic kidney disease as a condition that “can make you more likely to get severely ill from COVID-19.” His medical records also showed a BMI of 30.1, which makes him clinically obese. According to the CDC, “[t]he risk of severe COVID-19 illness increases sharply with elevated BMI.” His records further showed high cholesterol, severe hearing loss, and other ongoing ailments.

Looking at the whole case, the court found that a reduction to time served was warranted. Marshall had served 20 years, shown good conduct and rehabilitation, had a strong support system, and faced a high risk of fatal consequences if he caught COVID-19. So his request for compassionate release was granted.

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

Kidney disease and COVID risk in a release case