Mother of young children granted release (2021)

Originally published April 7, 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.

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)).
Bureau of Prisons rules. The Bureau’s current policy is Program Statement 5050.51 (September 3, 2026). It has no 18-month life-expectancy rule, it dropped the child-caregiver, spouse-caregiver, and “other elderly” categories, and it lets people in halfway houses or on home confinement apply.
Family circumstances. A court may consider the death or incapacitation of the caregiver of your minor child (or of an adult child who cannot care for themselves), or the incapacitation of a spouse, registered partner, or parent when you would be the only available caregiver (U.S.S.G. § 1B1.13(b)(3)).

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

In April 2021, a federal judge granted compassionate release to Marisol Solorio-Quintero, a mother of three. The court weighed her COVID-19 health risks, her chronic back pain, and the needs of her two youngest children, who were being cared for by their ailing grandmother.

Mother Granted Compassionate Release

United States v. Solorio-Quintero

2021 U.S. Dist. LEXIS 64321

Her sentence

In 2015, Solorio-Quintero pleaded guilty to possessing, and aiding and abetting the possession of, methamphetamine with intent to distribute. She was sentenced to 51 months, the low end of the guideline range.

With good-time credit, her release date was April 16, 2023. She had served 18 months of her 51-month sentence, or 37 percent. Before reporting to prison in 2019, she spent three years on pretrial release without any problems.

Her health and her children

At 36, Solorio-Quintero was younger than the age at which COVID-19 becomes more dangerous, but two medical conditions raised her risk. In June 2020, shortly after giving birth, she had a BMI of 35.4, which falls in the range that makes COVID-19 more dangerous.

Obesity, along with past injuries and surgery, left her with chronic back pain that could not be treated well in prison.

She also has three children. The two youngest, both under two years old, were in the care of her 65-year-old mother, who herself has asthma and obesity. (Read more about release when a child’s caregiver can no longer care for them.)

Why the judge said yes

The court weighed these factors, along with her likely job after release and her good conduct in prison, and granted her compassionate release.

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