When a federal court denies a compassionate release motion, it can be devastating for inmates and their families. This comprehensive guide, developed by Elizabeth Franklin-Best P.C.’s federal prison law team, which has extensive experience handling compassionate release matters before federal courts nationwide, draws on U.S. Sentencing Commission data, federal court decisions, and Bureau of Prisons policy statements to provide authoritative guidance on navigating compassionate release denials. Contact our compassionate release attorneys to discuss your loved one’s options after a denial.
Quick Answer Box
| Common Questions | Quick Answers |
| What should I do if denied compassionate release by the court? | When facing compassionate release denials, you have 14 days to file an appeal with the Circuit Court of Appeals under Federal Rule of Appellate Procedure 4(b)(1)(A). This strict deadline applies to all denials of compassionate release from district courts. Consider consulting an attorney immediately, as legal representation significantly improves success rates in appeals. |
| How do I handle a BOP denial of my compassionate release request? | After a compassionate release denial from the BOP warden, you can file directly with the federal court after either: (1) waiting 30 days from when the warden received your request, or (2) exhausting administrative appeals through BP-9, BP-10, and BP-11 forms, whichever comes first. This process ensures your motion isn’t dismissed for failure to exhaust administrative remedies. |
| What are the current success rates for compassionate release motions? | According to U.S. Sentencing Commission data for FY 2025 Q3, only 14.5% of compassionate release motions were granted, with 85.5% resulting in denials of compassionate release. Success rates vary significantly by district, ranging from 0% to over 70% approval rates, depending on jurisdiction. |
| Can I file a new compassionate release motion after my initial motion is denied? | Yes, individuals who have experienced denials of compassionate release can file new motions addressing the specific reasons for the denial. Success requires demonstrating changed circumstances, new medical conditions, or legal developments since the previous denial. Courts particularly consider rehabilitation efforts combined with extraordinary and compelling reasons. |
| When is compassionate release deemed denied? | A compassionate release is deemed denied when 30 days pass after the warden receives your request without a response. This automatic denial allows you to proceed with filing in federal court without waiting for formal BOP action, streamlining the process for urgent medical cases. |
| Should I hire an attorney for compassionate release proceedings? | Legal representation dramatically improves outcomes when facing compassionate release denials. Attorneys help identify applicable categories, gather comprehensive medical documentation, address § 3553(a) factors effectively, and navigate complex procedural requirements. Self-represented individuals face significantly higher denial rates. |
| What are the most common reasons for compassionate release denials? | Courts cite § 3553(a) factors (25%), lack of extraordinary and compelling reasons (11%), insufficient rehabilitation (10%), and failure to exhaust administrative remedies (8.8%) as primary reasons for denials of compassionate release. Understanding these factors helps strengthen future applications. |
At a Glance: Key Takeaways
- Federal courts deny approximately 85.5% of compassionate release motions nationwide, according to the latest USSC statistics.
- The most common reason for denial is failure to meet § 3553(a) sentencing factors (25.0% of denials).
- Administrative exhaustion failures account for 8.8% of denials, often due to procedural errors.
- Federal circuits vary dramatically in grant rates, from 32.3% in the Ninth Circuit to 4.5% in the Eighth Circuit.
- Multiple motions can be filed if new circumstances arise or previous deficiencies are addressed.
- The 14-day appeal deadline for criminal cases is strict but not jurisdictional per United States v. Kruse.
Table of Contents
Understanding Compassionate Release Denials
The Current Landscape
Federal courts decided compassionate release motions for 2,065 individuals in the third quarter of fiscal year 2025, granting only 299 (14.5%) while denying 1,766 (85.5%), according to the U.S. Sentencing Commission’s latest data report. These statistics and trends reflect a continuing pattern of high denial rates despite the First Step Act’s expansion of compassionate release eligibility.
The denial rate has remained consistently high even after the U.S. Sentencing Commission’s November 2023 amendments expanding the criteria for extraordinary and compelling reasons. Courts cite multiple reasons for denials, with the average denial involving 2.1 separate grounds according to commission data.
Applied Insight: Federal judges often view compassionate release through the lens of their original sentencing decision. When the same judge who imposed the sentence reviews the compassionate release motion, they frequently conclude that the § 3553(a) factors that justified the original sentence continue to outweigh any extraordinary circumstances. This institutional inertia makes thorough documentation and compelling new evidence crucial for success.
Geographic Disparities in Denial Rates
The likelihood of denial varies dramatically by jurisdiction according to USSC compassionate release data. The Eighth Circuit maintains the highest denial rate at 95.5%, while the Ninth Circuit shows the lowest at 67.7%. These disparities reflect different judicial philosophies and interpretations of what constitutes “extraordinary and compelling” circumstances.
Individual districts show even wider variations. The Northern Florida District grants 78.6% of motions, while the Southern District of Iowa denies 100% of all compassionate release requests. This geographic lottery effect means that identical circumstances may yield opposite results depending on where the defendant was originally sentenced.
Primary Reasons for Compassionate Release Denials
Section 3553(a) Factors
Courts cite the § 3553(a) sentencing factors as grounds for denial in 25.0% of cases, making it the most common reason for rejection according to USSC data. These factors include:
- The nature and circumstances of the offense
- The defendant’s criminal history
- The need to protect public safety
- The need to promote respect for the law
Even when courts acknowledge that extraordinary and compelling circumstances exist, they frequently deny relief based solely on these sentencing factors. The same considerations that led to the original sentence often persist as barriers to early release from prison.
Failure to Establish Extraordinary and Compelling Reasons
Courts find no extraordinary and compelling reason in 11.0% of denials according to commission statistics. Common deficiencies include:
- Medical conditions that are manageable in prison
- Circumstances that existed at sentencing
- Non-retroactive changes in law (in some circuits)
The COVID-19 pandemic, which was once the primary basis for compassionate release, now accounts for only 0.7% of granted motions, as courts increasingly view vaccination and prison medical care as adequate responses.
Practical Implication: Medical documentation must demonstrate not just serious illness, but functional impairment that substantially diminishes the ability to function in a correctional setting. Bureau of Prisons medical records often understate the severity of conditions or overstate the effectiveness of treatment, making an independent medical evaluation crucial for accurately assessing the severity of health issues.
Administrative Exhaustion Issues
Failure to exhaust administrative remedies accounts for 8.8% of denials; however, this requirement is not jurisdictional and can be waived by the government, according to federal court precedent. The exhaustion process under the BOP’s compassionate release request procedures requires either:
- Filing a request with the warden and waiting 30 days, or
- Fully exhausting all administrative appeals through the BOP Central Office
Courts interpret exhaustion requirements differently across circuits, resulting in confusion about the proper procedures. Some courts rigidly enforce every procedural step, while others recognize the urgency of medical situations.
What to Do If Denied Compassionate Release
Immediate Steps After Denial
When facing a denial of compassionate release, timing is critical. The Federal Rules of Appellate Procedure require that a notice of appeal be filed within 14 days of the denial order. This deadline is a claim-processing rule that the government can waive, but courts cannot extend it beyond 30 additional days as established in United States v. Kruse.
Review the denial order carefully to identify specific deficiencies. Courts typically provide written explanations that cite specific reasons for denial. These reasons guide your next steps:
- Procedural Defects: Address exhaustion or filing errors
- Insufficient Evidence: Gather additional documentation
- § 3553(a) Concerns: Develop mitigation evidence
- Medical Inadequacy: Obtain updated evaluations
The Appeals Process
Circuit Court Appeals
Appeals to the Circuit Court of Appeals face an uphill battle due to the deferential “abuse of discretion” standard. Appellate courts will only reverse if the district court:
- Made an error of law
- Clearly erred in factual findings
- Failed to explain its reasoning adequately
The appeals process typically takes 6 to 12 months, during which the defendant remains incarcerated. Success rates on appeal are low, as circuit courts generally defer to the discretion of district courts, according to federal appellate precedent.
Administrative Appeals Within BOP
If the BOP denied the initial request, inmates can appeal through the Administrative Remedy Program:
- BP-9 to Warden (20 days to respond)
- BP-10 to Regional Director (30 days to respond)
- BP-11 to Central Office (40 days to respond)
However, BOP officials can extend these deadlines, potentially stretching the process beyond five months. For terminally ill inmates, these delays can be fatal—13% of inmates died while awaiting BOP decisions, according to DOJ Inspector General reports.
Filing a New Motion
When to File Again
New compassionate release motions can be filed after addressing the reasons for denial. Consider filing a new motion when:
- Medical conditions have worsened significantly
- New extraordinary circumstances have arisen
- Previous procedural defects have been corrected
- Changes in law or policy favor release
The key is demonstrating material changes since the previous denial. Courts are receptive to new motions based on changed circumstances, but resist relitigating identical issues, as noted in United States v. Kruse.
Applied Insight: Success often comes from persistence and the evolution of circumstances. We’ve seen clients denied multiple times finally succeed when their medical conditions deteriorated beyond what prison facilities could manage, or when new Supreme Court decisions changed the legal landscape. Each denial provides a roadmap for what the court needs to see differently.
Strengthening Your Motion
Address each reason for denial systematically:
Medical Documentation: Obtain comprehensive medical records, including:
- BOP medical records through FOIA requests
- Independent medical evaluations, when possible
- Functional assessments using IADL and ADL scales
- Prognosis statements from treating physicians
Rehabilitation Evidence: Document positive institutional adjustment through:
- Programming completion certificates
- Work assignments and evaluations
- Clear disciplinary record
- Letters of support from staff
Release Planning: Develop detailed post-release plans, including:
- Specific residence arrangements
- Healthcare provider acceptance letters
- Family support commitments
- Employment or income documentation
Special Considerations for Different Types of Denials
Warden Denial
When the BOP fails to respond within statutorily required timeframes, requests may be deemed denied, allowing direct court filing. The First Step Act requires the BOP to process requests from terminally ill inmates within 14 days. Failure to meet this deadline creates a presumption of denial.
For non-terminal cases, inmates can file with the court after 30 days from the warden’s receipt of their request. This lapse provision prevents the BOP from indefinitely delaying court access.
Medical Condition Denials
Courts increasingly view prison medical care as adequate for managing serious medical conditions. To overcome medical denials:
- Document inadequate care through medical records and grievances
- Show functional impairment beyond diagnosis
- Demonstrate care unavailable in BOP facilities
- Establish COVID-19 risks despite vaccination
The BOP’s clinical guidance requires showing that conventional treatment “promises no substantial improvement.” This high bar requires expert testimony about treatment limitations.
Public Safety Concerns
When courts cite public safety under § 3553(a), focus on:
- Time served relative to sentence (average 50.5% for those granted)
- Age-related reduction in recidivism risk
- Health-related incapacitation
- Strong family and community support
Statistics show that only 3.5% of recipients of compassionate release experience recidivism, compared to 41% for general federal releases, according to published research. Emphasize this data when addressing public safety concerns.
The Role of Legal Representation
Why Professional Help Matters
Legal representation significantly improves outcomes in compassionate release proceedings. A compassionate release attorney can:
- Navigate complex procedural requirements
- Access and interpret medical records
- Present compelling legal arguments
- Identify favorable precedents in your circuit
- Coordinate with medical experts
Self-represented defendants face substantial disadvantages, particularly in understanding circuit-specific precedents and presenting medical evidence effectively.
Working with Counsel
Effective representation requires close collaboration between counsel, the defendant, and family members. Provide your attorney with:
- Complete medical history and current symptoms
- Institutional records and programming certificates
- Family support letters and release plans
- Financial resources for housing and medical care
Recent Developments and Future Outlook
2023 Sentencing Guidelines Amendments
The November 2023 amendments to U.S.S.G. § 1B1.13 expanded extraordinary and compelling reasons to include:
- Sexual or physical abuse by BOP staff
- Unusually long sentences with changes in law (10+ years served)
- Changes affecting mandatory minimums
- Other family circumstances beyond those previously recognized
These amendments provide new avenues for relief after previous denials. Defendants previously denied can file new motions based on these expanded criteria.
Emerging Trends
Recent data from the U.S. Sentencing Commission shows evolving patterns in compassionate release decisions:
- Rehabilitation combined with other factors was cited in 16.0% of grants
- Unusually long sentences are cited in 12.3% of grants
- Multiple § 924(c) penalties cited in 7.4% of grants
- Career Offender issues cited in 2.4% of grants
Courts are slowly recognizing sentencing disparities created by non-retroactive changes in law, though circuits remain split on this issue.
Circuit Split on Sentence-Related Reasons
The circuits disagree on whether non-retroactive changes in law constitute extraordinary and compelling reasons. The First, Ninth, and Tenth Circuits allow such considerations, while the Third, Sixth, Seventh, and Eighth Circuits generally prohibit them. This split may require Supreme Court resolution.
Strategies for Success After Denial
Building a Stronger Record
After denial, focus on building an undeniable record:
Medical Deterioration: Document declining health through:
- Quarterly medical updates
- Hospitalizations or emergency treatments
- New diagnoses or complications
- Medication changes or failures
Institutional Adjustment: Demonstrate rehabilitation through:
- Additional programming completion
- Mentoring other inmates
- Victim awareness courses
- Continued clean disciplinary record
Changed Circumstances: Identify new factors such as:
- Family member illness or death
- Incapacitated spouse or partner
- New legal developments
- Facility conditions or outbreaks
Timing Considerations
Strategic timing can improve success rates. Consider filing when:
- Sufficient time has passed to show changed circumstances
- Medical conditions have measurably worsened
- New legal precedents favor your position
- You’ve served a higher percentage of your sentence
The average defendant granted relief served 80 months and 50.5% of their sentence, compared to 57 months and 39.0% for those denied, according to USSC data. Each additional month served marginally improves prospects.
Alternative Relief Options
When compassionate release proves elusive, consider alternative paths:
- Presidential Clemency (pardon and commutation of sentence)
- Medical Furlough
- Residential Reentry Center Placement (halfway house and home confinement)
These alternatives don’t reduce sentences but may provide relief from incarceration conditions. Resources and support are available for exploring these options.
Special Populations and Considerations
Elderly Inmates
Elderly inmates face unique challenges in compassionate release proceedings. The USSC policy statement provides specific criteria for inmates over 65 who have served at least 10 years or 75% of their sentence and suffer from deteriorating health. However, courts still deny most requests from elderly inmates based on public safety concerns.
Success Stories and Lessons Learned
Reviewing compassionate release success stories provides valuable insights into effective strategies. Common themes among successful motions include:
- Comprehensive medical documentation
- Strong rehabilitation evidence
- Detailed release plans
- Family and community support
- Changed legal landscape
Learning from these successes can help shape more effective motion drafting strategies after an initial denial.
The Application Process After Denial
Understanding the compassionate release application process is crucial for subsequent attempts. Key considerations include:
- Proper exhaustion of administrative remedies
- Meeting filing deadlines
- Including all required documentation
- Addressing previous denial reasons explicitly
Each new application should demonstrate evolution from the previous attempt, showing the court that circumstances have materially changed.
Compassionate Release Denial Frequently Asked Questions
For additional questions and answers about compassionate release, visit our comprehensive FAQ page.
What should I do if denied compassionate release by the federal court?
When facing a compassionate release denial, you have 14 days to file an appeal with the Circuit Court of Appeals under Federal Rule of Appellate Procedure 4(b)(1)(A). This strict deadline runs from the entry of judgment, not when you receive notice. Consider requesting appointment of counsel immediately if proceeding pro se, as represented defendants achieve significantly higher success rates.
How long must I wait before filing a new compassionate release motion after denial?
No mandatory waiting period exists for filing after denials of compassionate release, but courts expect material changes in circumstances. Generally, wait 3 to 6 months unless experiencing significant medical deterioration, new legal developments under § 3582(c), or extraordinary circumstances that fundamentally alter your case.
What happens if I miss the 14-day appeal deadline for a compassionate release denial?
After a compassionate release denial, you can request a 30-day extension for “good cause” under Federal Rule of Appellate Procedure 4(b)(4), such as delayed mail delivery or attorney error. After this period, your only recourse is to file a new motion demonstrating changed circumstances since the denial.
When is a compassionate release request deemed denied by the BOP?
A request for compassionate release becomes a denial after 30 days from when the warden receives it, allowing for immediate federal court filing under 18 U.S.C. § 3582(c)(1)(A). This automatic denial provision prevents administrative delays from blocking urgent medical cases while preserving exhaustion requirements.
Must I exhaust administrative remedies for each new compassionate release motion?
Yes, each motion requires fresh exhaustion through either the 30-day waiting period or complete administrative appeals (BP-9, BP-10, BP-11), unless the government waives this requirement. Courts cannot excuse exhaustion sua sponte as it’s a claim-processing rule, not jurisdictional.
What percentage of compassionate release denials get reversed on appeal?
Circuit courts reverse compassionate release denials in approximately 8-12% of cases due to the deferential “abuse of discretion” standard. Successful appeals typically identify legal errors, procedural violations, or misapplication of circuit precedent rather than factual disagreements.
Can rehabilitation alone overcome compassionate release denials?
No, 28 U.S.C. § 994(t) explicitly prohibits rehabilitation alone from constituting extraordinary and compelling reasons for a sentence reduction. However, exceptional rehabilitation, combined with other factors (such as medical conditions, unusually long sentences, or changes in law), significantly strengthens motions, with 17% of FY 2025 Q2 grants citing rehabilitation.
How do victim impact statements affect compassionate release denials?
Prosecutors routinely solicit victim input, which courts weigh under § 3553(a) factors when evaluating compassionate release. While victim opposition doesn’t automatically mandate denials of compassionate release, it significantly influences judicial decision-making, particularly regarding public safety concerns.
What if the BOP supports my release but the court denies it?
BOP support occurs rarely (under 4% of requests) but carries substantial weight. Compassionate release denials despite BOP endorsement suggest potential legal error warranting immediate appeal, as courts typically defer to BOP’s institutional expertise on rehabilitation and public safety.
What documentation helps overcome compassionate release denials?
To address what to do if denied compassionate release, compile comprehensive medical records, BOP program completion certificates, family support letters, release plans, and expert declarations. Document inadequate BOP medical care through administrative remedies, outside medical opinions, and detailed symptom logs.
How much does legal representation cost for compassionate release appeals?
Attorney fees for challenging compassionate release denials range from $10,000 for basic motions to $35,000 or more for complex litigation involving hearings and appeals. Federal defenders are not permitted to represent defendants in compassionate release petitions; however, some attorneys offer payment plans to those who qualify.
Can immigration detainers result in compassionate release denials?
Immigration detainers complicate but don’t automatically trigger denials of compassionate release. Focus arguments on medical necessity, family unity hardships, and that deportation itself may constitute additional punishment under § 3553(a) factors.
Should I mention COVID-19 when appealing a denial of compassionate release?
Post-vaccination, COVID-19 alone rarely leads to compassionate release denials being overturned, with success achieved in fewer than 3% of cases. However, combine COVID risks with vaccination contraindications, immunocompromised conditions, or inadequate prison medical care for stronger arguments.
How does my judge’s history affect compassionate release denial rates?
Some judges maintain near-100% denial rates while others grant over 70% of motions, creating significant geographic disparities. Research your judge’s track record through PACER and focus on building overwhelming documentation that could succeed on appeal or with reassignment.
Can state prisoners challenge denials of compassionate release through federal courts?
No, federal compassionate release under 18 U.S.C. § 3582(c)(1)(A) applies exclusively to federal prisoners. State prisoners facing denials of compassionate release must pursue state-specific medical parole, clemency, or parole procedures through state courts.
Your Compassionate Release Denial Team
Compassionate release denials, while discouraging, need not end your pursuit of relief. With denial rates exceeding 85% nationally according to U.S. Sentencing Commission statistics, most applicants face initial rejection. However, understanding the specific reasons for denial, addressing deficiencies systematically, and persistently advocating with new evidence can ultimately lead to success.
The key lies in treating each denial as a roadmap for improvement rather than a final judgment. Whether through appeal, new motions, or alternative relief mechanisms, options remain available for those facing extraordinary and compelling circumstances.
Don’t navigate this complex process alone. The federal criminal defense and prison law attorneys at Elizabeth Franklin-Best P.C. have extensive experience handling compassionate release matters nationwide. We understand the urgency of these cases and work diligently to present the strongest possible arguments for our clients’ release. Schedule a one-hour initial consultation to discuss your loved one’s case and develop a strategic path forward after a compassionate release denial.
Published Oct 19, 2025 by Christopher Zoukis, JD, MBA | Last Updated by Christopher Zoukis, JD, MBA on Oct 19, 2025 at 12:15 am