Compassionate Release in the Federal Courts
A lesser-known path to early release or sentence reduction
Since 2018, federal law has provided a path to early release for prisoners with “extraordinary and compelling reasons”.
I’m often asked: “My loved one is serving a lifetime prison sentence. Is there any way to help them come home sooner?”
Before the First Step Act, my answer was almost always “no.”
But in December 2018, the First Step Act was signed into law. Now, the answer is: “If they qualify for compassionate release, maybe–but it’s hard to do.”
In 2025, the Fifth Circuit granted compassionate release for 16 prisoners. But, its grant rate of 9% is among the lowest in the nation.
Here’s how I build tight, captivating compassionate release motions with rich, complete documentation to give my clients a second chance at life outside prison walls.
Jessica Graf Is Board Certified® in Criminal Appellate Law
The Texas Board of Legal Specialization awards Board Certification to experienced attorneys who meet rigorous standards and pass a comprehensive exam in their practice area.
Fewer than 150 Texas attorneys are Board Certified® in criminal appellate law.
The law on compassionate release keeps changing. I’m here to help.
I’ve represented clients in federal post-conviction and appellate matters across Texas and the Fifth Circuit.
I work closely with clients and families to present the strongest possible case for release. That means telling the full story — the challenges, the growth, and the reasons your loved one deserves another chance.
How Compassionate Release Works
Learn more about the process, requirements, and where to start.Basic Requirements
Federal law allows an incarcerated individual to request a reduced sentence if one of the following applies.
Elderly Inmates Serving Long Sentences
The inmate is at least 70 years old, has served at least 30 years in prison, and the Bureau of Prisons finds they are no longer a danger to others.
Extraordinary and Compelling Reasons
Extraordinary and compelling reasons may warrant a sentence reduction, such as suffering abuse while imprisoned.
Factors Considered
If either of these conditions is met, the district court reviews the case using the 18 U.S.C. § 3553(a) factors.
In plain terms: the judge looks at the whole picture — who your loved one was, who they are now, and whether continued incarceration makes sense.
The nature and circumstances of the offense and the person’s history
The need to protect the public
The need for the sentence to reflect seriousness, deterrence, and respect for the law
The need to provide education, training, or medical care effectively
Examples of Extraordinary and Compelling Reasons
Serious Health Problems
If your loved one is facing a medical condition that cannot be adequately treated in prison.
Advanced Age
If they are over 65, in declining health, and have served at least 75% of their sentence or 10 years.
Family Circumstances
If their children or parents have no other caregiver.
Victims of Abuse
If they suffered sexual abuse or physical abuse resulting in serious bodily injury while in custody.
Recent Developments in Compassionate Release Law
On May 28, 2026, the Supreme Court issued a significant ruling limiting the availability of compassionate release for federal prisoners. Many prisoners have argued that they should be granted compassionate release because the same crime would carry a much lighter punishment under today’s law. In Rutherford v. United States, the Court held that a nonretroactive change in sentencing law does not qualify as an “extraordinary and compelling reason” warranting compassionate release.
The Court also struck down a recent Sentencing Commission rule that had allowed judges to consider these kinds of sentencing gaps in certain cases.
Schedule a Consultation
If you think your loved one may qualify for compassionate release, I can help you understand your options and start preparing the request.
Contact me to discuss your case and explore whether compassionate release is possible.
I offer a free 30-minute intake call to assess if I can help you.
Schedule a Consultation
If you think your loved one may qualify for compassionate release, I can help you understand your options and start preparing the request.
Contact me to discuss your case and explore whether compassionate release is possible.
I offer a free 30-minute intake call to assess if I can help you.