Originally published May 6, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.
Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
A federal judge in South Dakota granted compassionate release to Joel Zupnik, who was serving a 120-month sentence for attempted enticement of a minor. The main reason was his need for treatment and follow-up care for Stage IIIC anal cancer.
May 5, 2021
United States v. Zupnik
United States District Court for the District of South Dakota, Western Division
2021 U.S. Dist. LEXIS 85643
Sex offender with cancer diagnosis released with treatment cited as major factor in granting of compassionate release
His sentence and his cancer
On April 26, 2019, Zupnik was sentenced to 120 months in prison for attempted enticement of a minor using the internet. That was the mandatory minimum sentence. It was to be followed by five years of supervised release.
Zupnik, who is 55, filed an emergency motion for release so he could get treatment for Stage IIIC anal cancer.
Given the stage of his cancer, doctors estimated a 65 percent chance of recovery with proper treatment. His treatment plan was a six-week course of chemotherapy and radiation. After that, he needed checkups and testing every three months for the first two years, then every six months for three more years. He completed the chemotherapy and radiation and is now recovering at home.
What he argued
Zupnik asked for compassionate release based on extraordinary and compelling reasons:
- his Stage IIIC anal cancer,
- the fact that he could not get the treatment and monitoring he needed while in prison, and
- the danger prison posed to his health, with his weakened immune system, during the COVID-19 pandemic.
He argued that release was consistent with the 3553(a) sentencing factors (the factors a judge must weigh at sentencing) because (1) he is not a danger to the community; (2) the time he served, and the conditions he served it in, were just punishment and enough to deter him; and (3) the chance he would commit more crimes is low. If released, he planned to live at his home in Ft. Collins, Colorado.
Why the judge said yes
The court found that his time in custody was enough to deter him from future crimes, especially given his unmet medical needs.
Zupnik will be on supervised release for five years. His special conditions require him to comply with the Sex Offender Registration and Notification Act.
The government worried that he had not served enough of his sentence. The court addressed that through his supervised release conditions, including two years of home confinement. He will face harsh consequences if he violates those conditions or any of his other standard and special conditions.
Brandon Sample helps people with sex offense convictions seek compassionate release.
If you want help with a compassionate release request, book a consultation.