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August 13, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 383 (down from 388) Currently positive-testing staff: 296 (up from 279) Recovered inmates: 42,882 (down from 42,886) Recovered staff: 7,083 (up from 7,081) Institutions with the largest number of currently positive-testing inmates:

McCreary USP: 59 (up from 57)

Coleman II USP: 55 (unchanged)

Sheridan FCI: 30

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

Pollock USP: 26 (unchanged)

Oakdale I FCI: 15 (up from 13)

McCreary USP: 14 (unchanged)

System-wide testing results: Presently, BOP has 130,844 federal inmates in BOP-managed institutions and 14,500 in community-based facilities. Today's stats: Completed tests: 119,470 (up from 119,349) Positive tests: 42,739 (down from 42,745)

Total Vaccine doses distributed: 210,636

Case Note: Stroke victim gets relief from 835-month sentence after BOP punts to district court...


In U.S. v. CARTER EUBANKS, JR., 2021 WL 3557653 (W.D. Ky. Aug. 11, 2021) (Russell, J.). the court grants supervised release to defendant-stroke victim 2 months into 835 month sentence, after BOP acknowledges defendant's condition is extraordinary and compelling but punts final decision, with Government approval, to district court, explaining: "On February 19, 2010, a jury found Defendant guilty of three counts of bank robbery, three counts of armed bank robbery, one count of brandishing a firearm in the commission of a crime of violence, two counts of using a firearm in the commission of a crime of violence, and three counts of possession of a firearm by a convicted felon. [DN 82]. Subsequently, on May 17, 2010, Defendant was sentenced to a total of 835 months imprisonment and five years supervised release. [DN 91 at 3–4]. This sentence was ordered to run consecutively to the fifteen-year sentence that Defendant was already serving for armed robbery in Madison County Circuit Court, Ridgeland, Mississippi, Case No. 2006-0507. Id. Following sentencing, Defendant was returned to the custody of the state of Mississippi, where he continued to serve his state sentence. Defendant was in the custody of the state of Mississippi serving his state sentence until May 17, 2021 when he was paroled. Pursuant to Defendant's federal detainer, he was immediately taken into the custody by the United States Marshals Service (USMS) to await transfer to the BOP to begin his federal sentence. On May 26, 2021, Defendant had his first stroke which left him partially paralyzed on his left side. [DN 131-6]. Defendant then suffered a second stroke on June 12, 2021, which caused his condition to deteriorate rapidly and rendered him bedridden with limited neurological or cognitive function, no ability to verbalize or perform any “Activities of Daily Living” (ADL), a feeding tube, and supplemental oxygen. [See 08-04-2021 Progress Note by John Kayoma, MD]. As of August 4, 2021, Defendant's condition has not improved and Dr. Kayoma stated that his prognosis is not good. [08-04-2021 Progress Note]. Defendant remains under constant care in a rural civilian hospital in Mississippi, with two, round-the-clock, armed guards at his bedside. The USMS has advised that Defendant has yet to receive a designation to a BOP facility. In the instant Motion, Defendant argues that his medical condition meets the criteria of “extraordinary or compelling circumstances” under 18 U.S.C § 3582(c)(1)(A) and requests an order reducing his sentence to time served based upon his diagnosis of a debilitating medical condition from which he will not recover. [DN 128 at 1]. The United States agrees that Defendant's current medical condition and prognosis qualify as “extraordinary and compelling circumstances” and does not oppose a statutory modification to Defendant's sentence, “provided however, that the Defendant shall be released to a term of probation or supervised release equal to the undischarged portion of his sentence.” … Here, in a letter from Kenneth Hyle, Bureau of Prison Assistant Director/General Counsel to Bryan Calhoun, Criminal Chief U.S. Attorney's Office WDKY, dated June 30, 2021, the BOP stated that it determined that based upon medical records provided by the USAO and the U.S. Marshals Service, Defendant's medical condition meets the criteria of “extraordinary or compelling circumstances” justifying a reduction in sentence pursuant to 18 U.S.C § 3582(c)(1)(a) because Defendant “has suffered a debilitating injury from which he will not recover.” [DN 128-1]. However, rather than reduce Defendant's sentence itself, the BOP elected to deny Defendant's request in order “to allow the sentencing court to expeditiously consider this matter.” The BOP further stated that “[t]his memorandum constitutes exhaustion of administrative remedies under 18 U.S.C. § 3582(c)(1)(A).” The government concedes that “the Defendant's administrative remedies have been exhausted, as BOP has declined to grant a reduction in sentence on its own…. Accordingly, for the reasons stated, the Court finds that a reduction in Defendant's sentence to a term of supervised release for a period of five years is appropriate under 18 U.S.C. § 3553(a). There is a benefit to Defendant for imposing some period on supervised release. Probation can be a great assistance in identifying facilities capable of providing needed medical care to Defendant, probably much better than his family could at this time.”

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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