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April 7, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 83 (down from 92) Currently positive-testing staff: 141 (unchanged) Recovered inmates currently in the BOP: 53,257 (down from 53,316) Recovered staff: 12,538 (unchanged)


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

Cumberland FCI: 12 (unchanged)

Otisville FCI: 10 (unchanged)

Sheridan FCI: 9 (unchanged)

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 135,909 federal inmates in BOP-managed institutions and 13,215 in community-based facilities. Today's stats: Completed tests: 128,802 (unchanged) Positive tests: 55,450 (unchanged)


Total vaccine doses administered: 310,311 (up from 310,079)


Case Note: Although non-retroactivity of change in law can provide grounds for compassionate release here, defendant would not benefit from new rule...


In U.S. v. FREDERICO RAMSEY, Defendant - Appellant., No. 21-3147, 2022 WL 1014127 (10th Cir. Apr. 5, 2022) (unpublished) (Eid, J.), In denying compassionate relief, the Tenth Circuit does not reject possibility that non-retroactive SCOTUS decision would allow for release, just that defendant would not benefit if charged today, explaining: "Frederico Ramsey, a pro se litigant and inmate at the United States Medical Center for Federal Prisoners in Springfield, Missouri (FCP), filed this action in the federal district court in the District of Kansas, moving for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). He did so on two grounds. First, he claimed a medical reason for his early release, and second, he made a claim for sentence reduction pursuant to the decision in Burrage v. United States, 571 U.S. 204 (2014) (holding that a defendant cannot be liable under the penalty enhancement provision under the Controlled Substances Act 21 U.S.C. § 841(b)(1)(C) unless the narcotics distributed by the defendant are an independently sufficient but-for cause of the death or serious injury). … In his submissions, Ramsey also relies heavily on Burrage v. United States, but Burrage is easily distinguishable from Ramsey's fact pattern. Burrage was specifically about when the “drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury.” Id. at 218. Here, all testimony at the trial pointed to the conclusion that the victim's death was directly caused solely by the drug the defendant distributed. Burrage does not apply.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the fatality announced yesterday as Marvin Hersch, 82, of FCI Butner Medium. The number of inmate-related COVID deaths remains at 292. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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