MEDICAL CARE IN THE BOP CONTINUES TO BE BOTH DELAYED AND DENIED.
A PHYSICIAN CONCERNED WITH BREAST CANCER DIAGNOSIS AND TREATMENT, ORDERED BY A COURT, IS IGNORED BY THE BOP.
COMPASSIONATE RELEASE FOR MEDICAL TREATMENT IS A CONTINUOUS FIGHT FOR LIFE.
On December 23, 2025, a doctor found lumps in both breasts and noted bloody discharge, indicating a high risk of breast cancer, and ordered BRCA testing. On January 8, 2026, she received an urgent referral to a breast surgeon. A week later, she filed a motion, calling the referral an “emergency,” which the Government opposed.
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In United States v. Holland, No. 6:20‑cr‑86 (M.D. Fla. 2026), the court granted compassionate release where the Bureau of Prisons (“BOP”) failed to timely provide specialized medical care for a defendant facing a serious cancer risk. Although the defendant had received an urgent referral to a breast surgeon, the Government opposed release, asserting there was no documented emergency.
The court found that position unreliable, particularly in light of a contemporaneous DOJ Office of the Inspector General report documenting systemic BOP delays in urgent medical care and warning against uncritical reliance on BOP representations.
Despite court orders directing prompt action, the BOP delayed care for weeks and scheduled the defendant with an inappropriate specialist and at an improper location. Applying amended U.S.S.G. § 1B1.13(b), the court held that the defendant established extraordinary and compelling reasons for release under § 1B1.13(b)(1)(C), which applies when a defendant requires specialized medical care that is not being provided and faces a risk of serious deterioration or death without it.
The court ordered release and cautioned that repeated BOP noncompliance eliminates any presumption of regularity and requires heightened scrutiny of Government representations.