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April 29, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 138 (up from 136) Currently positive-testing staff: 175 (up from 171) Recovered inmates currently in the BOP: 52,380 (down from 52,433) Recovered staff: 12,577 (unchanged)


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

Lompoc FCI: 36 (down from 38)

Allenwood USP: 28 (up from 26)

Victorville Medium II FCI: 8 (unchanged)

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

Central Office HQ: 36 (down from 37)

Rochester FMC: 16 (up from 15)

Victorville Medium I FCI: 13 (unchanged)

System-wide testing results: Presently, BOP has 137,752 federal inmates in BOP-managed institutions and 13,501 in community-based facilities. Today's stats: Completed tests: 128,760 (up from 128,759) Positive tests: 55,408 (up from 55,407)


Total vaccine doses administered: 314,433 (unchanged)


Case Note: Court grants compassionate release to terminally ill defendant convicted of Hobbs Act-related offenses where an 89-year-old was beaten to death, after government and victim's family do not object...


In U.S. v. JUSTIN CUDDON, 2022 WL 1250312 (E.D.N.Y. Apr. 27, 2022) (DeArcy Hall, J.), the court grants release after the government and victim’s family do not object to releasing terminally ill defendant, explaining: "On June 5, 2017, the Government filed Information charging Defendant with conspiracy to commit Hobbs Act robbery and attempted Hobbs Act robbery. … At the plea hearing, Defendant stated that he participated in two attempted robberies in March 2012, one of which resulted in the beating and death of an 89-year-old man. (Plea Hr'g Tr. 27:19–28:7.) On November 21, 2019, the Court sentenced Defendant to 101 months’ incarceration followed by 18 months’ supervised release. … In February 2021, Defendant began submitting sick call request forms to Yazoo, complaining of migraines and chest pain. (See Def.’s Mot., ECF No. 58.) Following subsequent complaints of worsening symptoms, Defendant underwent an x-ray examination on July 13, 2021, and a CT scan on July 21, 2021. (Id.) According to Defendant's medical records, the July 21, 2021 CT scan revealed that Defendant had two masses in his left chest, which were believed to be lymphoma. (Id.) However, additional testing was needed to determine the specific type of lymphoma. On September 20, 2021, Defendant filed his second motion requesting compassionate release. The Court denied Defendant's motion as premature and granted Defendant leave to renew once the additional testing was complete. On March 16, 2022, Defendant filed the instant motion requesting compassionate release. (Def.’s Mot., ECF No. 63.) Neither the Government or the Victim's Family Representative object. (See Gov't Resp. Def.’s Mot. (“Gov't Resp.”), ECF No. 65.). The most recent assessment of Defendant's condition indicated that Defendant's expected life expectancy may be as short as eighteen months. (See Gov't Resp., ECF No. 65.) … There can be no question that Defendant participated in two serious crimes, the commission of which resulted in the tragic killing of an elderly man. His sentencing guideline range was set at 235-293 months’ incarceration. However, at sentencing, in view of a number of 3553(a) factors, this Court determined that a significant downward variance from the sentencing guidelines was warranted. Specifically, Defendant (i) had a criminal history score of one, (ii) took full responsibility for his conduct, (iii) had significant familial and community support, and (iv) demonstrated significant pre-sentence rehabilitation. (See Judgment, ECF No. 49.) Now, while the nation remains gripped by the ongoing coronavirus epidemic, the Defendant has been diagnosed with mediastinal lymphoma, rendering him immunocompromised. Defendant's medical condition is dire. And his continued incarceration poses a serious risk to his health and would deny him potential vital medical care. On the current record, a further variance in Defendant's sentence would still result in a sentence that is sufficient, but not greater than necessary, to comply with the purpose of sentencing and “reflect the seriousness of the offence, ... promote respect for the law, [or] ... provide[ ] just punishment for the offense.” 18 U.S.C. § 3553(a)(2)(A). Defendant's motion is, therefore, GRANTED. Mr. Cuddon's previously imposed sentence of 101 months’ incarceration and 18 months’ supervised release is reduced to time served[.]”


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 294. Eleven of the inmates died while on home confinement. Staff deaths remain at 7



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