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April 18, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 54 (up from 53) Currently positive-testing staff: 148 (down from 152) Recovered inmates currently in the BOP: 52,880 (down from 52,946) Recovered staff: 12,557 (up from 12,545)


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

Rochester FMC: 16 (up from 13)

Victorville Medium II FCI: 5 (unchanged)

Phoenix FCI: 3 (unchanged)

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

Central Office HQ: 32 (up from 30)

Victorville Medium I FCI: 13 (unchanged )

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 136,521 federal inmates in BOP-managed institutions and 13,266 in community-based facilities. Today's stats: Completed tests: 128,768 (down from 128,782) Positive tests: 55,416 (down from 55,430)


Total vaccine doses administered: 312,407 (up from 311,197)


Case Note: Fact that Michigan no longer criminalizes marijuana offense that served as predicate offense for career offender enhancement is not extraordinary and compelling...


In U.S. v. JAMEL CHAWLONE BROWN, No. CR 3:08-00259, 2022 WL 1110338 (S.D.W. Va. Apr. 13, 2022) (Chambers, J.), the court found that a previous marijuana conviction could still serve as a predicate for a career offender enhancement even though Michigan no longer criminalizes such offenses, and was not an extraordinary and compelling circumstance, explaining : "As a final matter, the Court notes that Defendant's 2007 Michigan conviction for possession with intent to distribute marijuana, a Schedule I controlled substance, was designated as a career offender predicate because it was a controlled substance offense. PSR at 7-8. As Defendant concedes, the “conviction still counts as a controlled substance offense underU.S.S.G. § 4B1.2(b).”SeeDef.'s Mem. at 12. While he may not have been prosecuted for the offense today, the fact remains that he was prosecuted, and that the offense validly counts as a prior conviction for the purposes of a career offender designation. Here then, the career offender enhancement would likely apply to Defendant even if sentenced today. The two convictions for felonious assault and armed robbery continue to be qualifying “crimes of violence” for the purposes of the career offender enhancement. Similarly, Defendant's conviction for possession with intent to distribute remains a qualifying controlled substance offense. Thus, the Court cannot find an intervening change in law that would seriously impact Defendant's sentence and be sufficient to constitute extraordinary and compelling reasons.”


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



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