Compassionate Release Examples

April 6, 2021

Stroke victim granted compassionate release

Under the representation of Brandon Sample PLC, Scott Tran requested compassionate release primarily based on the result of a stroke he suffered in November 2019, and additionally due to his increased risk of severe COVID-19 disease he faces as a result. The stroke left Tran limited in his ability to provide self-care and he asserts that he hasn’t been provided with the therapy he needs for his impaired motor function. In addition to the risk of severe Covid-19 complications Tran faces due to his stroke, his preexisting kidney disease is also a serious concern, given the acute kidney damage observed in cases of severe COVID-19 disease, and the effect that preexisting kidney disease has on COVID-19 outcomes.

As a result of his stroke, he walks slowly and with the assistance of a walker or wheelchair. Further evidence of his impairment can be seen in his request for permission to wear soft shoes because regular boots were too heavy for him to walk in. Tran asserted that he needs physical and occupational therapy that simply isn’t available to him in prison. The court noted that while Tran is not scheduled for release until September 2023, he has served well over half of his 110-month sentence for an offense that, while certainly serious, was completely non-violent and motivated by a gambling addiction that the court is convinced Tran has recognized and addressed—and must continue to address, under the special conditions of his supervised release.

Due to all of these extenuating circumstances, the court reduced Tran’s sentence to time served, granting him immediate compassionate release.