Originally published April 20, 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 Florida granted compassionate release to Bernandino Gawala Bolatete, a 72-year-old immigrant. After a stroke, he had memory loss and needed help bathing. The court let him return to family in the Philippines who could care for him.
United States v. Bernandino Gawala Bolatete
United States District Court for the Middle District of Florida, Jacksonville Division
2021 U.S. Dist. LEXIS 72783
An aging immigrant prisoner with serious health problems was granted compassionate release.
Why Mr. Bolatete asked for release
Mr. Bolatete is 72 and was serving a 60-month sentence for one count of receiving or possessing an unregistered firearm silencer. He was scheduled for release in fewer than 11 months, on March 5, 2022.
He asked for early release under the compassionate release law because of the COVID-19 pandemic, his age, and his many health problems. These include vascular dementia, chronic kidney disease, chronic obstructive pulmonary disease (COPD), type 2 diabetes, coronary artery disease (CAD), and high blood pressure (hypertension).
He caught COVID-19 in May 2020 and recovered. He has since received both doses of the Moderna COVID-19 vaccine. But he had a stroke in late September 2020, which left him with memory loss and trouble thinking clearly.
Why the judge said yes
The effects of his stroke made it hard for him to care for himself in prison. He needed help with things like bathing and showering.
The court found he posed little to no danger to the community. Given his age, declining physical health, and weakened mental state, it was unlikely he could carry out a violent crime. He had also served most of his 60-month sentence.
Finally, the court said that releasing him so he could return to the Philippines, where family members would care for him, met the need “to provide the defendant with needed … medical care … in the most effective manner.” He had a supportive family and a solid plan for after prison.
The court was also satisfied that he could be properly cared for and supervised between his release from prison and his departure to the Philippines. With all of that in mind, the court granted his request for compassionate release.
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