Rehabilitation and health risks lead to release (2021)

Originally published May 28, 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.
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 May 2021, a federal judge in Connecticut granted compassionate release to Joseph Reyes. The court pointed to his real change for the better, his family’s support, and his health risks from COVID-19.

True Rehabilitation

Joseph Reyes

United States District Court for the District of Connecticut

2021 U.S. Dist. LEXIS 99864

Evidence of true rehabilitation leads to a reduced sentence

Background of the case

On August 29, 2012, a jury convicted Joseph Reyes of (1) conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin and 280 grams or more of cocaine base; (2) conspiracy to maintain a drug-involved premise within 1,000 feet of a school and a housing facility; and (3) possession of a firearm by a convicted felon.

In February 2013, the court sentenced him to 300 months in prison. That was midway between the low end of the U.S. Sentencing Guidelines range, 360 months, and the mandatory minimum of 240 months. His projected release date was November 13, 2032.

What he asked for

Reyes asked for compassionate release because his health conditions put him at high risk of severe complications if he caught COVID-19. He is classified as obese and has high blood pressure, hypertension stage one and hypercholesterolemia (high cholesterol).

The government said it did not oppose his release and left the decision to the court.

What the court considered

The court noted the government’s position. At the time, it also noted that Reyes had received a sentencing enhancement that would no longer apply if he were sentenced today. Without that enhancement, his mandatory minimum would have been 120 months.

All of Reyes’s co-conspirators are now out of prison, which the court said suggests his sentence was longer than needed to achieve rehabilitation. The court also saw his willingness to accept responsibility for his crimes as evidence of rehabilitation.

Early in his prison term, Reyes had disciplinary problems, but he has been discipline-free for the past two years. He explained that this change came from his personal transformation and rehabilitation.

At the hearing, he said that he previously “blamed a lot of people but [him]self for the situation,” but realized he needed to “accept[] responsibility” and “change to become a better person not just for [him]self but for [his] family and [his] loved ones and [his] daughter.”

He also completed parenting and anger management classes in prison. He said he took them to improve his family relationships and be a better parent to his daughter. He even described his long sentence as a gift that made him a better person, someone who can contribute positively to society once released.

Why the judge said yes

The court agreed that Reyes has truly changed for the better. It weighed his efforts, his family’s support, the gap between his sentence and the one he would receive today for the same crime, and his COVID-19 risk. Together, these led the court to grant his request and release him to begin his 10 years of supervised release.

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