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August 12, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 388 (down from 404) Currently positive-testing staff: 279 (up from 258) Recovered inmates: 42,886 (down from 42,887) Recovered staff: 7,081 (up from 7,067) Institutions with the largest number of currently positive-testing inmates:

McCreary USP: 57 (up from 56)

Coleman II USP: 55 (up from 54)

Berlin FCI: 29 (unchanged)

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

Pollock: 26 (unchanged)

McCreary USP: 14 (up from 12)

Oakdale I FCI: 13 (unchanged)

System-wide testing results: Presently, BOP has 130,750 federal inmates in BOP-managed institutions and 14,473 in community-based facilities. Today's stats: Completed tests: 119,349 (up from 119,167) Positive tests: 42,745 (down from 42,752)

Total Vaccine doses distributed: 210,164

Case Note: Sentencing disparity supports compassionate release.


In U.S. v. JOSEPH WHITING, 2021 WL 3511039 (E.D. Mich. Aug. 10, 2021) (Edmunds, J.), the court concluded that sentencing disparity created by more culpable co-defendant’s successful appeal of trial errors and release of others on CR is extraordinary and compelling, explaining: "Defendant Joseph Whiting is the former National President of the Highwaymen Motorcycle Club (“HMC”), a multi-state outlaw motorcycle gang with its national headquarters in Detroit, Michigan. … He was sentenced to a cumulative term of 420 months (35 years) imprisonment and began serving that term on March 14, 2011. More than a decade later, Defendant, now 67 years old, remains incarcerated. His projected release date is June 4, 2039. Six other leaders of HMC were also tried alongside Defendant. Relevant here are defendants Leonard “Dad” Moore, Aref Nagi, and Gary Ball, Jr. Moore was the “godfather” of HMC, and he occupied the top leadership position of the organization. … [Moore] requested compassionate release on July 22, 2020 due to his advanced age (73 years), medical conditions, and an increased risk of severe infection from COVID-19. This Court found the reasons Moore provided were “extraordinary and compelling” as required by the statute and reduced his sentence to time served. … The Court also granted relief to Ball under the authority of § 3582(c)(1)(A)(i) although Ball was not immediately released from prison. Rather, Ball's sentence was reduced from a cumulative term of 30 years to a 20-year term. … Like Moore and Ball, Defendant now moves this Court for compassionate release. … Additionally, just as in Ferguson and Ball, the Court finds the sentence disparity between Defendant's sentence and the sentences of other HMC leaders that were part of Defendant's trial group to be an extraordinary and compelling reason to reduce Defendant's sentence. See United States v. Ferguson, --- F. Supp. 3d ----, 2021 WL 1685944, at *3, (E.D. Mich. April 29, 2021); United States v. Ball, No. 06-cr-20465, 2021 WL 2351088, at *5 (E.D. Mich. June 9, 2021). Of the five other defendants in Defendant's trial group, three have been granted reduced sentences either under the authority of § 3582 or on remand after a successful appeal. As discussed above, Moore, the “godfather of HMC” who was originally sentenced to life imprisonment, had his sentence reduced to a 20-year term then was released after having served less than ten years. Like Defendant, he had COPD and other health concerns that raised his risk of severe illness or death from COVID-19. Similarly, Ball had his original 30-year sentence reduced to 20-years after the Court found extraordinary and compelling reasons to grant his request for a reduction. And Aref Nagi, originally sentenced to 37 years, had 17 years taken off his sentence when the Court was able to reconsider the § 3553(a) factors on a general remand. Now, of these individuals, only Defendant remains incarcerated with over a decade of time left to serve. The Court therefore proceeds to the analysis of the § 3553(a) factors to determine if a reduction is appropriate.”


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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