Father of three granted release for health and rehab (2021)

Originally published April 11, 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.

In April 2021, a federal judge in Connecticut granted compassionate release to Samuel Cruz. The court pointed to his health conditions, his higher risk from COVID-19 in prison, and the great strides he had made in rehabilitation.

Rehab

United States v. Cruz

United States District Court for the District of Connecticut

2021 U.S. Dist. LEXIS 66485

Rehabilitation efforts and record help lead to compassionate release decision

His case

On March 14, 2019, Samuel Cruz pleaded guilty to one count of a superseding indictment charging him with conspiracy to possess and distribute heroin and cocaine. He received the mandatory minimum sentence of 60 months in prison, followed by four years of supervised release (supervision by a probation officer after prison).

His sentence was below the guidelines range. Among other things, it reflected his low risk of reoffending and his “excellent” conduct while he was in custody waiting to be sentenced.

His request

Cruz asked for compassionate release. He said his medical conditions, together with his higher risk of catching COVID-19 in prison, justified reducing his sentence to time served. He also pointed to his record of rehabilitation in prison. He had served nearly three years of his sentence.

Why the judge said yes

The court noted that Cruz is a father of three. He has experience working with machinery and is trained as a painter. Before prison, he worked as a house painter, and he plans to go back to that work when released. He has been married since 2015 to the mother of his youngest child and has stayed in close contact with them while in prison.

Cruz also has obesity, a history of asthma and smoking, and possible hypertension (high blood pressure). These are risk factors for complications if he gets COVID-19. With all of this in mind, along with his great strides in rehabilitation, the court granted his request for compassionate release.

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