Compassionate Release Data for FY2026: 195 Grants in 9 Months

Federal judges granted 195 compassionate release motions between October 1, 2025, and June 30, 2026. They denied 1,237. That is a grant rate of 13.6%. The numbers come from the U.S. Sentencing Commission's latest compassionate release data report, published in September 2026. The figures are preliminary and cover the first three quarters of fiscal year 2026.

The main numbers

• 1,478 motions were reported to the Commission. The outcome was clear in 1,432 of them.
• 195 were granted and 1,237 were denied.
• 189 of the 195 grants (96.9%) came on the prisoner's own motion. The Bureau of Prisons brought 3, prosecutors brought 2, and 1 was a joint motion.
• People who were granted release averaged 50 years old when the court ruled. People who were denied averaged 47.

Fewer motions are being decided than a year earlier. Courts decided 194 motions in October 2025, compared with 278 in October 2024. From January through June 2026, the monthly total ran between 145 and 179.

Where you file still matters

Grant rates were very different from one part of the country to another. Here are the rates by federal circuit:

• First Circuit: 15 of 29 (51.7%)
• D.C. Circuit: 2 of 4 (50.0%)
• Second Circuit: 20 of 54 (37.0%)
• Ninth Circuit: 33 of 117 (28.2%)
• Fourth Circuit: 59 of 350 (16.9%)
• Third Circuit: 10 of 74 (13.5%)
• Tenth Circuit: 6 of 46 (13.0%)
• Eleventh Circuit: 19 of 176 (10.8%)
• Fifth Circuit: 8 of 89 (9.0%)
• Sixth Circuit: 8 of 127 (6.3%)
• Seventh Circuit: 4 of 90 (4.4%)
• Eighth Circuit: 11 of 276 (4.0%)

The Eastern District of Virginia decided the most motions, 100, and granted 22. Many districts with dozens of motions granted none. A motion is filed in the court that imposed the sentence (18 U.S.C. § 3582(c)(1)(A)), so the motion goes back to the same district that handled the case.

Why judges granted motions

Courts often give more than one reason. Courts gave 308 reasons for the 195 grants. Among them:

• Rehabilitation (55 times). In every one of those cases, the court also gave another reason. By law, rehabilitation alone is not enough (28 U.S.C. § 994(t); USSG §1B1.13(d)).
• A serious physical or medical condition (39)
• An unusually long sentence plus a change in the law (24)
• Terminal illness (23)
• Multiple stacked 18 U.S.C. § 924(c) penalties (15)
• Medical care the Bureau of Prisons was not providing (14)
• Caring for a parent (10) or a minor or disabled child (9)

The "unusually long sentence" and stacked § 924(c) figures need a warning. Almost all of this period came before the Supreme Court's May 28, 2026, decision in Rutherford v. United States. Rutherford held that a sentencing change Congress did not make retroactive cannot be an extraordinary and compelling reason, alone or combined with other reasons. After Rutherford, a sentencing change that Congress chose not to make retroactive can no longer support a motion. See our post on Rutherford.

Why judges denied motions

The most common reasons given for the 1,237 denials were:

• The sentencing factors in 18 U.S.C. § 3553(a) weighed against release (661 times)
• Rehabilitation was not enough on its own (368)
• No extraordinary and compelling reason was shown (272)
• The prisoner had not first gone through the Bureau of Prisons (214)
• Not enough proof of a serious medical condition (189)
• The prisoner could still care for himself or herself in prison (178)

What this means for you and your family

Several of the most common denial reasons are about proof and process, not about whether the person is sick or old. A motion can fail because the warden never got a request, or because the medical records did not show how the condition limits self-care in prison.

Before filing, make sure:

• The request went to the warden first, and either 30 days have passed since the warden got it or the Bureau's appeals are finished (18 U.S.C. § 3582(c)(1)(A)). Our process guide walks through it.
• The medical file shows the diagnosis, how it limits daily life in prison, and the outlook. See medical records for compassionate release.
• The motion answers the § 3553(a) factors directly, including a release plan.

These are national numbers. They do not predict the result in any one case. For last year's full figures, see our FY 2025 data overview.