Life sentence cut to 300 months over COVID risk (2021)

Originally published April 23, 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)).
Age. A court may consider a person who is 65 or older, has a serious decline in health because of aging, and has served at least 10 years or 75 percent of the sentence, whichever is less (U.S.S.G. § 1B1.13(b)(2)). A separate rule covers people 70 or older who have served 30 years under 18 U.S.C. § 3559(c) (§ 3582(c)(1)(A)(ii)).

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

Pandemic Risk

United States v. Rosso

United States District Court for the Western District of Arkansas, Fayetteville Division

2021 U.S. Dist. LEXIS 74288

A federal judge in Arkansas reduced Robert J. Rosso Jr.’s life sentence to 300 months. The judge pointed to his serious health problems, the risks of the COVID-19 pandemic, and his rehabilitation in prison.

His conviction and life sentence

On January 14, 1998, Mr. Rosso was named in a one-count indictment charging him with knowingly and intentionally conspiring with others to distribute methamphetamine. He was found guilty at trial. Because of the mandatory minimum sentence that applied, the court had to sentence him to life in prison. He entered federal custody in January 1998 and has been there ever since.

His record in prison

Mr. Rosso has had no recorded disciplinary incidents since August 2011. Despite his life sentence, he used the last decade well, earning his GED and completing continuing education courses. He was described as having a “strong work ethic” in his job as an orderly, and he received above-average work ratings. He also became a successful writer, with several articles and a book manuscript. In 2017, he married his wife.

His health

At the time of the ruling, Mr. Rosso was 51 years old. His medical records show several serious conditions, including recurrent superficial bladder cancer, hypertension (high blood pressure) and heart problems. He also has chronic back pain and an elevated level of prostate-specific antigen (“PSA”) in his blood, which may be a sign of prostate cancer.

His release plan

Mr. Rosso planned to return to his family farm, where his parents, sister and brother-in-law live. His sister said the farm has two separate houses and that he was welcome to live in one of them with their elderly parents. She noted that he could isolate on the farm to avoid catching COVID-19. She also said he would help her and her husband care for their aging parents.

What the court decided

With all of that in mind, including the ongoing pandemic risk, the court granted the request and reduced Mr. Rosso’s prison term to 300 months.

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