Please ensure Javascript is enabled for purposes of website accessibility
 
Search

April 8, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 73 (down from 83) Currently positive-testing staff: 146 (up from 141) Recovered inmates currently in the BOP: 53,217 (down from 53,257) Recovered staff: 12,538 (unchanged)


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

Sheridan FCI: 9 (unchanged)

Cumberland FCI: 6 (down from 12)

Victorville Medium II FCI: 6

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

Central Office HQ: 30 (unchanged)

Victorville Medium I FCI: 13 (down from )

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 135,936 federal inmates in BOP-managed institutions and 13,284 in community-based facilities. Today's stats: Completed tests: 128,802 (unchanged) Positive tests: 55,450 (unchanged)


Total vaccine doses administered: 310,762 (up from 310,311)


Case Note: Explaining that under current law it is unlikely that defendant would be considered a career offender or an Armed Career Criminal on the basis of his predicate offenses, court grants compassionate release...


In U.S. v. LUIS RODRIGUEZ, 2022 WL 1043670 (D. Conn. Apr. 6, 2022) (Hall, J.), the court granted compassionate release with the Government's agreement that a sentencing disparity caused by non-retroactivity of career offender guideline was sufficient cause, explaining: "The court grants Mr. Rodriguez's Motions for some of the reasons set forth in the defendant's Memorandum (Doc. No. 122-1) and the government's Memorandum in Agreement (Doc. No. 123). … Here, extraordinary and compelling reasons justify reducing Mr. Rodriguez's sentence. Mr. Rodriguez received a disproportionately high sentence given today's understandings of unjust disparities in sentencing for crack-cocaine offenses. He was convicted under section 841(b)(1)(C) of title 21 of the United States Code and was designated a career offender under Section 4B1.1(a) of the Sentencing Guidelines, increasing his statutory maximum sentence and depriving him of the opportunity to seek review of his crack-cocaine sentence under Section 404 of the First Step Act or the Sentencing Commission's retroactive crack amendments. See United States v. Terry, 141 S. Ct. 1858, 1864–65 (2021) (Sotomayor, J., concurring) (noting that defendants like Mr. Rodriguez “have been left behind” and have “never had a chance to ask for a sentence that reflects today's understanding of the lesser severity of [their] crime”). Mr. Rodriguez was also convicted on a second Count under section 922(g) of title 18 of the United States Code. On this count, he faced an increased mandatory minimum of 180 months under the Armed Career Criminal Act because of prior offenses. See Sentencing Transcript at 5, 8 (Doc. No. 117); Presentence Report ¶ 82. Under current law, however, it is unlikely that Mr. Rodriguez would be considered a career offender or an Armed Career Criminal on the basis of his predicate offenses. See Mem. in Support of Mot. for Compassionate Release at 1-2. Were he before the court for sentencing today, he likely would have received a lesser sentence than the 205 months he has already served. See id. at 10; Gov't’s Mem. in Support at 3. … Therefore, for all the foregoing reasons, the court grants the defendant's Motions for compassionate release (Doc. Nos. 118 & 122).”)


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

17 views0 comments