RDAP and job training help man win early release (2021)

Originally published March 24, 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.

Court record: United States v. Resto, No. 1:08-cr-00757 (S.D.N.Y.).

A federal court granted compassionate release to Benjamin Resto after he served 150 months of a 188-month cocaine sentence. The judge was impressed by his rehabilitation and concerned about how the Bureau of Prisons (BOP) was handling COVID-19.

Freedom from Prison

His case

On August 21, 2009, Federal Judge Denny Chin sentenced Benjamin Resto to 188 months in federal prison for distributing cocaine. After he had served 150 months, the court released him on compassionate release grounds the day before this post was written.

Why the judge said yes

The judge was impressed by Mr. Resto’s rehabilitation. He:

Completed the nine-month RDAP (Residential Drug Abuse Program)
Took 40 vocational training and adult education classes
Kept up a relationship with his son

The judge also expressed concern about the BOP’s handling of the COVID-19 crisis.

What happens next

Mr. Resto was to be released within 10 days. He would travel home and quarantine for 14 days. On the 15th day, he was to report to probation to begin a reduced three-year term of supervised release.

Congratulations to Mr. Resto and his family.

Read the order: Russo-Benjamin-Granted-Compassionate-Release-Examples

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