Release granted to HIV-positive man after COVID-19 (2021)

Originally published April 6, 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.

HIV Grants Compassionate Release

United States v. Fernandez

2021 U.S. Dist. LEXIS 65017

A federal judge granted compassionate release to Victor Alejandro Fernandez, a man with HIV and type 2 diabetes who had been hospitalized with COVID-19. An HIV-positive COVID survivor was granted compassionate release and sent to home confinement.

His convictions and sentence

Mr. Fernandez was convicted of one count each of conspiracy to commit wire fraud, computer hacking, and aggravated identity theft. He was sentenced to a total of 129 months in prison, to be followed by a total of 5 years of supervised release. He had served about 86 months, or two-thirds of his sentence, not counting any good time credits.

His health

Mr. Fernandez has type II diabetes and is HIV positive. The previous July, he was hospitalized with COVID-19 for six days and had trouble breathing and low oxygen levels.

After that hospital stay, he was diagnosed with hypertension (high blood pressure). He still had chest pain and high blood pressure despite medication. The court noted that even with treatment, his blood pressure was not yet under control. Together, these factors made him highly vulnerable to severe illness or death if he caught COVID-19 again.

Why the court granted release

The court decided that reducing his sentence would not pose an undue risk to public safety. It found that in home confinement, he would be well protected from COVID-19 and set on a path toward rehabilitation.

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