Rehab and health problems win release in Virginia (2021)

Originally published April 22, 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.

A federal judge in Virginia reduced Delante Roper’s sentence to time served. The judge found that his health problems during COVID-19, “when coupled with [his] outstanding rehabilitative efforts,” justified his release.

April 20, 2021

United States v. Roper

United States District Court for the Western District of Virginia, Harrisonburg Division

2021 U.S. Dist. LEXIS 74820

Judge grants compassionate release based on rehabilitation efforts and health conditions.

His sentence

On August 26, 2009, a jury convicted Delante Roper of conspiracy to distribute five grams or more of cocaine base, distribution of cocaine base, and possession with intent to distribute cocaine base.

He was sentenced to a total of 360 months in prison, with 240 months to be served concurrently (at the same time). That sentence was later reduced to 262 months. After another motion, it was reduced again, to time served on the cocaine charge and 60 months for a firearm conviction.

These reductions were based largely on Roper’s good behavior and the coursework he completed in prison.

Why the judge said yes

Roper asked for compassionate release, arguing that his pre-existing medical conditions, together with COVID-19, were extraordinary and compelling reasons for release.

In addition to obesity, Roper has been diagnosed with hepatitis B, pre-diabetes and osteoarthritis. He also had a release plan: he would live with his grandmother in Richmond, Virginia.

The judge agreed with Roper, finding that his medical concerns, “when coupled with [his] outstanding rehabilitative efforts,” warranted a further reduction. His request was granted, and his sentence was reduced to time served.

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