U.S. Sentencing Commission
Compassionate Release
Data Report
Calendar Year 2020

July 2021

Introduction
As part of its ongoing mission, the United States Sentencing Commission provides
Congress, the judiciary, the executive branch, and the general public with data extracted from
and based on sentencing documents submitted by courts to the Commission.1 Data is reported on
an annual basis in the Commission’s Annual Report and Sourcebook of Federal Sentencing
Statistics.2
The Commission also reports preliminary data for an on-going fiscal year in order to
provide real-time analysis of sentencing practices in the federal courts. Since 2005, the
Commission has published a series of quarterly reports that are similar in format and
methodology to tables and figures produced in the Sourcebook of Federal Sentencing Statistics.
The quarterly reports contain cumulative data for the on-going fiscal year (i.e., data from the start
of the fiscal year through the most current quarter). From time to time the Commission also
reports data regarding other sentencing trends, such as resentencings or other modifications of
sentences previously imposed.
Section 3582(c)(1)(A) of title 18, United States Code, provides courts with the authority
to reduce a term of imprisonment after it has been imposed in specific circumstances. One of the
circumstances provided in the statute is that “extraordinary and compelling reasons” warrant
such a reduction. Motions asserting that reason are commonly referred to as “compassionate
release” motions. When considering any motion under section 3582(c)(1)(A), courts are also
required to consider the factors set forth in section 3553(a) of title 18 and to find that any
reduction “is consistent with applicable policy statements issued by the Sentencing
Commission.” 3
Before December 2018, courts were authorized to consider motions under section
3582(c)(1)(A) only if they were filed by the Director of the Bureau of Prisons. In December
2018, Congress amended that portion of section 3582 to authorize courts to also consider
motions filed by offenders, in certain circumstances.4

1

In each federal felony or Class A misdemeanor case, sentencing courts are required to submit the following
documents to the Commission: the Judgment and Commitment Order, the Statement of Reasons, the plea agreement
(if applicable), the indictment or other charging document, and the Presentence Report. See 28 U.S.C. § 994(w).
2

Electronic copies of the 1995-2020 ANNUAL REPORT and SOURCEBOOK OF FEDERAL SENTENCING STATISTICS are
available at the Commission’s website at www.ussc.gov.

3
4

U.S. SENTENCING COMM’N, Guidelines Manual §1B1.13 (Nov. 2018) [hereinafter USSG].

The First Step Act of 2018 (Pub. L. No. 115-391 (2018)) went into effect on December 21, 2018. Section 603 of
the Act amended section 3582(c)(1)(A) of title 18 to authorize “defendants” (i.e., offenders) to file a motion for
compassionate release “after the defendant has fully exhausted all administrative rights to appeal a failure of the
Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a
request by the warden of the defendant’s facility, whichever is earlier.”

With the advent of the COVID-19 pandemic,5 the courts received thousands of
compassionate release motions, most filed by offenders. This report provides an analysis of the
compassionate release motions filed with the courts during the COVID-19 pandemic. The data
in this report reflects compassionate release motions decided by the courts during calendar year
2020 (January 1, 2020 - December 31, 2020). Prior to October 1, 2020, courts submitted to the
Commission documentation regarding motions for all compassionate release that were granted,
but not for all compassionate release motions that were denied. For the time period of January 1,
2020 to September 30, 2020, the Commission obtained documentation for compassionate release
motions that were denied, where available, by searching court records using the PACER system.
Beginning October 1, 2020, courts began submitting to the Commission documentation for all
compassionate release motions, regardless of whether they were granted or denied. The data in
this report is limited to motions for which the Commission received or obtained court
documentation and completed its analysis by July 9, 2021.

5

The World Health Organization declared the coronavirus (COVID-19) outbreak a global pandemic on March 11,
2020. President Trump declared a national emergency concerning the coronavirus (COVID-19) on March 13, 2020.

Table 1
MOTIONS FOR COMPASSIONATE RELEASE
1
BY MONTH OF RESENTENCING DATE
Total
Year

Month

TOTAL
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020

January
February
March
April
May
June
July
August
September
October
November
December

1

N
12,885
48
37
49
460
892
1,328
1,563
1,483
1,319
2,001
1,720
1,985

Granted
N
2,604
17
13
19
163
270
304
403
331
253
260
238
333

Denied
%
20.2
35.4
35.1
38.8
35.4
30.3
22.9
25.8
22.3
19.2
13.0
13.8
16.8

N
10,281
31
24
30
297
622
1,024
1,160
1,152
1,066
1,741
1,482
1,652

Of the 13,241 cases reported to the commission, 356 were excluded due to indeterminable motion status.

SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

%
79.8
64.6
64.9
61.2
64.6
69.7
77.1
74.2
77.7
80.8
87.0
86.2
83.2

Table 2
GEOGRAPHICAL DISTRIBUTION OF MOTIONS FOR COMPASSIONATE RELEASE BY DISTRICT1
Total
District
TOTAL
Southern Florida
Southern New York
Middle Florida
Eastern Michigan
Eastern Virginia
Western North Carolina
Northern Texas
Maryland
Northern Illinois
Western Missouri
Southern Iowa
Eastern North Carolina
Eastern Pennsylvania
Central Illinois
Northern Ohio
South Carolina
Eastern California
Southern Texas
Northern Iowa
Eastern Texas
Minnesota
Western Texas
Eastern Kentucky
Eastern New York
Southern Indiana
Northern California
Eastern Missouri
Middle North Carolina
Middle Pennsylvania
Western Washington
Eastern Tennessee
New Jersey
Central California
Northern Georgia
Western Pennsylvania
Southern Georgia
Hawaii
District of Columbia
Northern Indiana
Western Michigan
Montana
Southern Mississippi
Western Virginia
Southern California
Kansas
Connecticut
Colorado
1

N
12,885
531
518
453
372
350
337
330
290
272
256
247
224
213
211
209
205
205
204
202
200
200
200
188
187
183
172
165
162
160
160
152
149
143
142
140
138
138
138
137
137
136
135
133
132
130
126
119

Granted
N
2,604
101
97
28
112
59
5
18
109
104
30
30
56
74
45
44
40
38
53
16
5
68
24
13
46
30
81
26
10
12
40
25
28
47
50
26
4
22
49
17
9
12
6
38
67
58
66
19

Total

Denied
%
20.2
19.0
18.7
6.2
30.1
16.9
1.5
5.5
37.6
38.2
11.7
12.1
25.0
34.7
21.3
21.1
19.5
18.5
26.0
7.9
2.5
34.0
12.0
6.9
24.6
16.4
47.1
15.8
6.2
7.5
25.0
16.4
18.8
32.9
35.2
18.6
2.9
15.9
35.5
12.4
6.6
8.8
4.4
28.6
50.8
44.6
52.4
16.0

N
10,281
430
421
425
260
291
332
312
181
168
226
217
168
139
166
165
165
167
151
186
195
132
176
175
141
153
91
139
152
148
120
127
121
96
92
114
134
116
89
120
128
124
129
95
65
72
60
100

%
79.8
81.0
81.3
93.8
69.9
83.1
98.5
94.5
62.4
61.8
88.3
87.9
75.0
65.3
78.7
78.9
80.5
81.5
74.0
92.1
97.5
66.0
88.0
93.1
75.4
83.6
52.9
84.2
93.8
92.5
75.0
83.6
81.2
67.1
64.8
81.4
97.1
84.1
64.5
87.6
93.4
91.2
95.6
71.4
49.2
55.4
47.6
84.0

Of the 13,241 cases reported to the commission, 356 were excluded due to indeterminable motion status.

SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

District
Western New York
Middle Georgia
Middle Tennessee
Southern Ohio
Northern Florida
Southern Alabama
Southern West Virginia
Oregon
Maine
Eastern Wisconsin
Southern Illinois
Western Tennessee
Eastern Louisiana
Massachusetts
Nebraska
Eastern Arkansas
New Hampshire
Northern Mississippi
Western Wisconsin
Northern Alabama
South Dakota
Western Kentucky
Eastern Washington
North Dakota
Utah
Nevada
Northern New York
Wyoming
Western Oklahoma
Middle Alabama
Vermont
New Mexico
Arizona
Alaska
Rhode Island
Northern West Virginia
Eastern Oklahoma
Western Louisiana
Western Arkansas
Middle Louisiana
Delaware
Idaho
Puerto Rico
Northern Oklahoma
Guam
Virgin Islands
Northern Mariana Islands

Granted

Denied

N

N

%

N

%

115
111
111
104
102
99
97
96
92
89
89
86
84
82
80
75
75
74
74
74
71
71
71
69
67
67
60
59
59
58
53
53
52
47
45
41
34
33
25
20
20
20
19
15
8
6
2

24
4
31
21
32
11
5
67
7
35
9
6
10
51
14
2
16
11
9
16
9
5
16
4
10
29
11
15
2
3
28
17
15
20
29
3
1
10
1
3
3
6
14
6
5
0
1

20.9
3.6
27.9
20.2
31.4
11.1
5.2
69.8
7.6
39.3
10.1
7.0
11.9
62.2
17.5
2.7
21.3
14.9
12.2
21.6
12.7
7.0
22.5
5.8
14.9
43.3
18.3
25.4
3.4
5.2
52.8
32.1
28.8
42.6
64.4
7.3
2.9
30.3
4.0
15.0
15.0
30.0
73.7
40.0
62.5
0.0
50.0

91
107
80
83
70
88
92
29
85
54
80
80
74
31
66
73
59
63
65
58
62
66
55
65
57
38
49
44
57
55
25
36
37
27
16
38
33
23
24
17
17
14
5
9
3
6
1

79.1
96.4
72.1
79.8
68.6
88.9
94.8
30.2
92.4
60.7
89.9
93.0
88.1
37.8
82.5
97.3
78.7
85.1
87.8
78.4
87.3
93.0
77.5
94.2
85.1
56.7
81.7
74.6
96.6
94.8
47.2
67.9
71.2
57.4
35.6
92.7
97.1
69.7
96.0
85.0
85.0
70.0
26.3
60.0
37.5
100.0
50.0

Table 3
MOTIONS FOR COMPASSIONATE RELEASE
BY YEAR OF ORIGINAL SENTENCE1
Fiscal
Year
TOTAL
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989

Total
N
12,849
5
1,238
2,341
1,679
1,321
946
866
748
631
482
365
335
326
250
194
167
134
125
96
78
73
68
67
43
54
54
43
36
37
21
16
5
5

Granted
N
2,584
1
250
402
314
206
149
159
133
143
110
64
72
65
69
42
49
39
37
29
29
31
25
29
15
20
24
24
17
14
7
10
4
2

Denied
%
20.1
20.0
20.2
17.2
18.7
15.6
15.8
18.4
17.8
22.7
22.8
17.5
21.5
19.9
27.6
21.6
29.3
29.1
29.6
30.2
37.2
42.5
36.8
43.3
34.9
37.0
44.4
55.8
47.2
37.8
33.3
62.5
80.0
40.0

1

N
10,265
4
988
1,939
1,365
1,115
797
707
615
488
372
301
263
261
181
152
118
95
88
67
49
42
43
38
28
34
30
19
19
23
14
6
1
3

%
79.9
80.0
79.8
82.8
81.3
84.4
84.2
81.6
82.2
77.3
77.2
82.5
78.5
80.1
72.4
78.4
70.7
70.9
70.4
69.8
62.8
57.5
63.2
56.7
65.1
63.0
55.6
44.2
52.8
62.2
66.7
37.5
20.0
60.0

Of the 12,885 cases reported to the Commission, 36 were excluded from this analysis because the
cases cannot be matched with an original case in the Commission's records.
SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

Table 4
ORIGIN OF GRANTED MOTIONS FOR COMPASSIONATE RELEASE1

Attorney for the
Government

Joint Motion2

Total

Defendant

N
2,601

N
2,509

%
96.5

N
21

%
0.8

N
1

%
0.0

N
70

%
2.7

49

48

98.0

0

0.0

0

0.0

1

2.0

FIRST CIRCUIT

117

116

99.1

0

0.0

0

0.0

1

0.9

SECOND CIRCUIT

272

271

99.6

1

0.4

0

0.0

0

0.0

THIRD CIRCUIT

143

133

93.0

3

2.1

0

0.0

7

4.9

FOURTH CIRCUIT

325

321

98.8

2

0.6

0

0.0

2

0.6

FIFTH CIRCUIT

137

135

98.5

2

1.5

0

0.0

0

0.0

SIXTH CIRCUIT

266

261

98.1

2

0.8

0

0.0

3

1.1

SEVENTH CIRCUIT

249

245

98.4

2

0.8

0

0.0

2

0.8

EIGHTH CIRCUIT

200

178

89.0

0

0.0

0

0.0

22

11.0

NINTH CIRCUIT

466

431

92.5

5

1.1

0

0.0

30

6.4

TENTH CIRCUIT

128

124

96.9

2

1.6

0

0.0

2

1.6

ELEVENTH CIRCUIT

249

246

98.8

2

0.8

1

0.4

0

0.0

CIRCUIT
TOTAL
D.C. CIRCUIT

1

Director BOP

Of the 2,604 cases in which the court granted a motion for compassionate release, three cases were excluded from this analysis because the information
received by the Commission prevented a determination of motion origin.

2

Joint motion by the defendant and the attorney for the government.

SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

Table 5
DEMOGRAPHIC CHARACTERISTICS OF OFFENDERS
RECEIVING COMPASSIONATE RELEASE

Demographics

N

%

Race/Ethnicity
White
Black
Hispanic
Other
Total

862
1,164
451
96
2,573

33.5
45.2
17.5
3.7
100.0

Citizenship
U.S. Citizen
Non-Citizen
Total

2,360
199
2,559

92.2
7.8
100.0

2,332
271
2,603

89.6
10.4
100.0

Gender
Male
Female
Total

Average Age at Original Sentence

40

Average Age at Release

46

1

Of the 2,604 cases in which the court granted a motion for compassionate release,
cases were excluded from each section of this table due to the following reasons:
missing race information (31), missing citizenship information (45),
missing gender information (1), and missing age information (36).
SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

Table 6
SELECTED SENTENCING FACTORS FOR OFFENDERS
RECEIVING COMPASSIONATE RELEASE1

Sentencing Factors
Weapon2,3
Weapon Specific Offense Characteristic
Firearms Mandatory Minimum Applied
Safety Valve2

%
30.7
16.3
16.3
9.7

Guideline Role Adjustments2
Aggravating Role (USSG §3B1.1)
Mitigating Role (USSG §3B1.2)
Obstruction Adjustment (USSG §3C1.1)

17.3
4.5
8.4

Sentence Relative to the Guideline Range
Within Range
Above Range
Below Range

42.8
2.5
54.7

Criminal History Category
I
II
III
IV
V
VI

30.7
11.5
13.5
9.7
6.4
28.2

Career Offender (§4B1.1) 2

16.5

1

Of the 2,604 cases in which the court granted a motion for compassionate release, 20 were
excluded from this analysis because the cases cannot be matched with an original case in the
Commission's records.

2

This section was limited to the 2,472 cases with complete guideline application information.

3

In 43 cases the court applied the weapon specific offense characteristic and the offender was also
convicted of a firearms offense carrying a mandatory minimum penalty.
SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

Table 8
TYPE OF CRIME FOR OFFENDERS
RECEIVING COMPASSIONATE RELEASE1

TYPE OF CRIME
TOTAL
Administration of Justice
Antitrust
Arson
Assault
Bribery/Corruption
Burglary/Trespass
Child Pornography
Commercialized Vice
Drug Possession
Drug Trafficking
Environmental
Extortion/Racketeering
Firearms
Food and Drug
Forgery/Counter/Copyright
Fraud/Theft/Embezzlement
Immigration
Individual Rights
Kidnapping
Manslaughter
Money Laundering
Murder
National Defense
Obscenity/Other Sex Offenses
Prison Offenses
Robbery
Sexual Abuse
Stalking/Harassing
Tax
Other

N

%

2,574
11
2
6
12
16
0
85
4
0
1,365
2
10
322
0
6
260
25
6
5
1
98
29
8
4
9
208
48
2
28
2

100.0
0.4
0.1
0.2
0.5
0.6
0.0
3.3
0.2
0.0
53.0
0.1
0.4
12.5
0.0
0.2
10.1
1.0
0.2
0.2
0.0
3.8
1.1
0.3
0.2
0.3
8.1
1.9
0.1
1.1
0.1

1

Of the 2,604 cases in which the court granted a motion for compassionate release, 20 were excluded
from this analysis because the cases cannot be matched with an original case in the Commission's records.
Of these, 10 were excluded due to missing information on the type of crime.
SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.

Figure 1
ORIGINAL SENTENCE LENGTH FOR OFFENDERS RECEIVING COMPASSIONATE RELEASE1

Less than
1 year
1.9%
20 years or more
21.6%

1 year to less
than 2 years
4.4%

2 years to less
than 5 years
19.0%

10 years to less
than 20 years
28.7%

1

5 years to less
than 10 years
24.3%

Of the 2,604 cases in which the court granted a motion for compassionate release, information on the original sentence
length was missing in 41 cases.
SOURCE: U.S. Sentencing Commission, Compassionate Release Datafile.