Please ensure Javascript is enabled for purposes of website accessibility
 
Search

April 15, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 53 (down from 59) Currently positive-testing staff: 152 (down from 153) Recovered inmates currently in the BOP: 52,946 (down from 52,979) Recovered staff: 12,545 (up from 12,544)


Institutions with the largest number of currently positive-testing inmates:

Rochester FMC: 13 (up from 12)

Victorville Medium II FCI: 5 (unchanged)

Phoenix FCI: 3

Institutions with the largest number of currently positive-testing staff:

Central Office HQ: 30 (unchanged)

Victorville Medium I FCI: 13 (unchanged )

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 136,469 federal inmates in BOP-managed institutions and 13,381 in community-based facilities. Today's stats: Completed tests: 128,782 (unchanged) Positive tests: 55,430 (uncjanged)


Total vaccine doses administered: 312,197 (up from 311,815)


Case Note: The preclusive weight sometimes afforded to dangerousness...


In U.S. v. D'ANGELO DAVIS, Defendant-Appellant., No. 21-10094, 2022 WL 1090945 (9th Cir. Apr. 12, 2022) (per curium), the Ninth Circuit reiterated the special importance properly ascribed to dangerousness when a court considers a compassionate release application, explaining: "Affording the “deference” due to “the district court when it makes these discretionary decisions,” Keller, 2 F.4th at 1284, we reject Davis's challenge to the district court's weighing of the relevant factors. Davis contends that the district court placed undue emphasis on future dangerousness, but we disagree. As we recognized in Keller, the defendant's danger to the community will often be one of the most salient of the § 3553(a) factors, and the district court reasonably reached that conclusion here. Id. The district court considered the violent nature of Davis's underlying crimes, his behavior and disciplinary record in prison, and his proposed plans if he were to be released and concluded that, on balance, Davis continued to present a sufficient danger to the community to warrant denial of his motion, notwithstanding his medical condition. In denying reconsideration, the district court also specifically considered Davis's argument that “he has served a large portion of the sentence he would have received if he had been sentenced today” and held that it would not change the court's conclusion. Although Davis would have preferred the district court to weigh the various considerations differently, we find no abuse of discretion.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new inmate fatalities, leaving them at 293. Eleven of the inmates died while on home confinement. Staff deaths remain at 7



18 views0 comments