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



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 53 (down from 54) Currently positive-testing staff: 150 (up from 148) Recovered inmates currently in the BOP: 52,820 (down from 52,880) Recovered staff: 12,557 (up from 12,558)


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

Rochester FMC: 16 (unchanged)

Victorville Medium II FCI: 5 (unchanged)

Phoenix FCI: 3 (unchanged)

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

Central Office HQ: 32 (unchanged)

Victorville Medium I FCI: 13 (unchanged )

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 136,528 federal inmates in BOP-managed institutions and 13,233 in community-based facilities. Today's stats: Completed tests: 128,768 (unchanged) Positive tests: 55,416 (unchanged)


Total vaccine doses administered: 312,610 (up from 312,407)


Case Note: General jail conditions don't support compassionate release where the defendant's own cell is not subpar...


In U.S. v. SERGEI DENKO, 2022 WL 1124826 (E.D.N.Y. Apr. 14, 2022) (Kovner, J.), the court found that, even if conditions at MDC were bad, no compassionate release was warranted where conditions in defendant's cell are ok, explaining: "Defendant has not shown that conditions at MDC present an extraordinary and compelling reason for a sentence reduction, either. As defendant notes, some courts have criticized conditions at MDC during the pandemic. Def.’s Mot. 1. But while defendant states that he is “personally aware of the breakdown in MDC's facilities and the hazardous conditions” based on his work as an inmate assigned to the plumbing and HVAC unit, and he adds that MDC has not provided him with “cleaning supplies,” id. at 1, 2, defendant does not describe subpar conditions in his own cell or living quarters. Moreover, the Bureau of Prisons (“BOP”) currently reports no COVID-positive inmates and only one COVID-positive staff member at MDC Brooklyn. See BOP, COVID-19 Coronavirus, https://www.bop.gov/coronavirus/ (last visited Apr. 14, 2022). Those numbers do not reflect the “staggering infection[ ]” rates that defendant suggests are plaguing the facility. See Def.’s Mot. 1. And while some courts have recently found that COVID-19-related conditions at MDC do “support finding ... extraordinary and compelling reasons” for release, they have done so where the movant's “age and medical conditions” also “weigh in favor of a sentence reduction.” See United States v. Demeo, No. 17-CR-545 (KAM), 2022 WL 142345, at *4 (E.D.N.Y. Jan. 15, 2022). As I explained, defendant already had COVID-19 and is vaccinated. Under these circumstances, defendant has not established that conditions at MDC present an extraordinary and compelling reason warranting a sentence reduction.”


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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