Compassionate Release Post-COVID

During the pandemic many inmates prevailed on compassionate release applications because they were particularly vulnerable to suffering bad outcomes should they contract COVID. With COVID largely -- though certainly not entirely -- in the rear view mirror, what are the principal grounds upon which compassionate release -- which includes reductions of sentence in addition to immediate release -- are granted?

Key Factors: Rehabilitation vs. Recidivism

My partner Zach Segal and I have filed numerous successful compassionate release applications, among others in U.S, v. Miller (EDNY), U.S. v. Danilovich (SDNY), U.S. v. Lugo (EDNY), U.S. v. Rengifo (SDNY), and U.S. v. Cruz (EDNY). Once you demonstrate the existence of the requisite extraordinary and compelling circumstance (as defined in USSG § 1B1.13), we have found that the most important factors that can win (or lose) the application are evidence of rehabilitation (which is not sufficient by itself) and the weighing of the section 3553(a) sentencing criteria, the most significant of which is the danger of recidivism. Judges understandably aren't about to release someone they consider a risk of reoffending.

What the 2025 Data Shows: Top Grounds for Release

The Sentencing Guidelines Commission keeps track of the grounds upon which courts grant compassionate release. As of the Third Quarter of 2025, here are the stats on the grounds cited by courts in. 2025 for granting compassionate release motions:

As you can see from the table the No. 1 reason for granting compassionate release, by far, is rehabilitation (even though statutorily rehab itself is insufficient to grant relief), followed by medical conditions, excessive sentence, and family circumstances. We have successfully demonstrated rehabilitation not only through the client's clean post-sentencing disciplinary record but also through compelling letters from prison staff, fellow inmates and family and friends. Judges find the first of these particularly revealing.

Why Experienced Counsel Is Critical

In other posts we will address some nuts and bolts issues about investigating and preparing compassionate release applications, but I'll emphasize for now that this is a practice area in which counsel can make a real difference, but which requires substantial investigation, preparation, awareness of strategic imperatives, and familiarity with available resources.

Richard Levitt