Can you get compassionate release after going to trial?

Originally published April 21, 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.

Changes in sentencing law. In Rutherford v. United States (May 28, 2026), the Supreme Court held that when Congress makes a sentencing change non-retroactive (meaning it does not apply to people already sentenced), such as the First Step Act’s end of “stacked” § 924(c) sentences, the gap between an old sentence and today’s sentence cannot be an “extraordinary and compelling” reason, alone or combined with other reasons. Some older posts here describe court wins on that theory; those wins are history, not today’s law.

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

Yes, you can. In April 2021, a federal judge in West Virginia cut Leslie Dominic Musgrove’s sentence from 292 months to 188 months, even though he had gone to trial. The court pointed to his heart disease, his recent clean record, and the gap between his sentence and his co-conspirators’ sentences.

Trial Compassionate Release

United States v. Musgrove

United States District Court for the Northern District of West Virginia

2021 U.S. Dist. LEXIS 73236

Court grants sentence reduction for inmate who went to trial

His case

A jury convicted Leslie Dominic Musgrove of conspiracy to distribute cocaine and methamphetamine and aiding in the possession of methamphetamine with the intent to distribute. He was sentenced to 360 months in prison. In 2015, his sentence was reduced to 292 months.

His health

Musgrove, who is 43, has heart disease, specifically mitral valve prolapse/mitral valve regurgitation, atrial fibrillation/arrhythmia, a first-degree atrioventricular block, and hypertension (high blood pressure).

Why the judge said yes

In his request, Musgrove noted that he had not had an infraction in prison since 2017. His last discipline was in November 2017, and the court did not consider him a management concern.

The court also noted that while he first received 360 months, the most any of his co-conspirators received was 70 months. This gap was partly because Musgrove went to trial, and he received increases for his role in the offense and for obstruction. The court also noted that his offense did not involve firearms.

Weighing all the factors, the court decided to reduce Musgrove’s sentence from 292 months to 188 months.

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