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August 11, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts: Currently positive-testing inmates: 404 (up from 344) Currently positive-testing staff: 258 (up from 251) Recovered inmates: 42,887 (down from 42,942) Recovered staff: 7,079 (up from 7,067) Institutions with the largest number of currently positive-testing inmates:

McCreary USP: 56 (unchanged)

Coleman II USP: 54

Berlin FCI: 29 (unchanged)

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

Pollock: 26 (unchanged)

Oakdale I FCI: 13 (unchanged)

McCreary USP: 12

System-wide testing results: Presently, BOP has 130,631 federal inmates in BOP-managed institutions and 14,417 in community-based facilities. Today's stats: Completed tests: 119,167 (up from 119,074) Positive tests: 42,752 (up from 42,746)

Total Vaccine doses distributed: 209,675

Case Note: When denying compassionate release district court should not have relied on acquitted conduct previously found unproved by the sentencing court..


In U.S. v. DANNY L. BLACKMON, Defendant - Appellant., No. 20-7466, 2021 WL 3506804 (4th Cir. Aug. 10, 2021) (unpublished) (per curium), the court vacated and remanded the district court's denial of defendant's motion for compassionate release, because the district court relied on acquitted conduct sentencing court had previously found not proved, explaining: "Here, the district court denied Blackmon's motion for compassionate release based on its consideration of the § 3553(a) sentencing factors, particularly the nature and circumstances of the kidnapping, Blackmon's criminal history, and his postsentencing conduct. Concerning the nature and circumstances of the offense, the court took note that the PSR indicated that “the victim was ambushed by defendant in her home, shot in the neck with a pellet gun that left a pellet lodged three inches into her jaw muscle, yanked by the hair and forced into a van, and brutally raped by defendant.” (PACER No. 264 at 2). As noted, Blackmon was acquitted of the four counts of aggravated sexual abuse. “A jury's verdict of acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge[s], so long as that conduct has been proved by a preponderance of the evidence.” United States v. Watts, 519 U.S. 148, 157 (1997). But in this instance, because the sentencing court sustained Blackmon's objection to the six-level increase for sexual exploitation due to lack of evidence, the sexual exploitation allegations were not supported by a preponderance of the evidence. Thus, we conclude that the district court relied on an erroneous factual premise when it cited the allegations of sexual abuse detailed in the PSR that were rejected by the jury and not considered by the sentencing court as it determined Blackmon's total offense level.”


Death Watch: The BOP has identified no new COVID-19 fatalities. Inmate fatalities remain at 242. Five of these inmates died while on home confinement. Staff fatalities remain at 4.


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