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August 19, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 114 BOP facilities and 21 RRCs

Currently positive-testing inmates: 613 (up from 597) Currently positive-testing staff: 651 (up from 645) Recovered inmates currently in the BOP: 49,267 (down from 49,316) Recovered staff: 13,533 (up from 13,524)


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

La Tuna FCI: 79 (unchanged)

Allenwood Low FCI: 63 (unchanged)

Oakdale FCI: 50

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

Central Headquarters: 55 (unchanged)

Carswell FMC: 26 (unchanged)

Houston MDC: 22 (unchanged)

System-wide testing results: Presently, BOP has 141,360 federal inmates in BOP-managed institutions and 14,009 in community-based facilities. Today's stats: Completed tests: 128,725 (up from 128,723) Positive tests: 55,373 (up from 55,371)


Total vaccine doses administered: 327,718 (up from 327,550)


Case Note: Cautionary tale for inmates seeking release: be consistent!


In U.S. v. DAVID MARSHALL CRISP, 2022 WL 3448307 (E.D. Cal. Aug. 17, 2022) (Thurston, J.), the defendant tied himself up in knots of contradiction from one release application to the next, the court explaining: "Many inmates have aging parents with various ailments. If a sick parent—absent truly extraordinary circumstances—was considered a compelling reason, virtually any inmate seeking a sentence reduction on this ground could produce one. Although Mr. Kenjalo's condition is extremely sad, the circumstances surrounding the need to care for him are not extraordinary based on the facts presented. First, if Mr. Kenjalo is entirely incapable of caring for himself, as Defendant asserts, it is unclear why there is no indication of his needs prior to the instant motion. Defendant's first motion for compassionate release was largely based on the risks of COVID-19 due to his medical condition. (See Doc. 664.) Besides not raising the issue of Mr. Kenjalo's condition in the motion, attached exhibits are enlightening. For example, Defendant's release plan from 2018 included his plan—appearing to have already been set in motion—to live with a close friend, Ty Stewart, in San Diego. (Doc. 664-6 at 4.) Defendant stated he had a job “waiting” for him there, and that he intended to find his own residence within 120 days of release, which he thought he should be able to accomplish based on his “immediate verifiable employment.” (Id. at 3.) In November of 2019, Defendant confirmed his plan to live with Mr. Stewart in San Diego. (Doc. 664-1 at 7.) This is concerning to the Court. If Mr. Kenjalo's condition is so poor and he has suffered from prostate cancer and kidney problems requiring dialysis in the past (Doc. 676 at 23), it is perplexing that Defendant did not plan to assist with his care previously. Most noteworthy is that on January 11, 2022, Defendant submitted an Inmate Request to Staff, which included a typed summary of Defendant's “factual eligibility criteria's [sic]” for home confinement under the CARES Act. (Doc. 676 at 49-51.) Defendant indicated that upon release, he planned to live with his sister, April, and her four children, and that there were no health concerns of any individuals in the residence. (Id. at 50.) Defendant's request made no reference to Mr. Kenjalo or his need for a caregiver. On January 21, 2022, less than two weeks later, Defendant sent an electronic request to the warden at USP Atwater, stating his request and grounds for compassionate release, which included the need to care for his ailing father. (Id. at 20.) Moreover, Defendant proffers three e-mails from Mr. Kenjalo from April of 2021 as evidence of Mr. Kenjalo's dementia. (Id. at 25-28.) Thus, it seems that Defendant was aware of Mr. Kenjalo's condition when requesting review for home confinement. Similar to his previous omissions, Defendant failed to raise his concerns regarding Mr. Kenjalo's need for care until his decision to file the instant motion. Only now does he rely on his father's condition. … Defendant does not explain why in September 2020, when his first motion for compassionate release was filed, April was able to care for Mr. Kenjalo, but now it is too difficult for her to continue. April's declaration states that being Mr. Kenjalo's sole caregiver has taken its toll on her and her family, both physically and mentally. (Doc. 676 at 23.) It appears that her cessation as caregiver was recent. However, Defendant does not provide any explanation, other than the lack of occasional help from Defendant's deceased brother, why the toll on April and her family has suddenly reached its irreparable peak. Additionally, though April declares she “had to let [her] father go and move on with [her] life”, she thereafter, in the same declaration, offers her home to not only Mr. Kenjalo, but her brother to live.12 (Id.) If the living situation was untenable, it is unclear why she would, even temporarily, allow Mr. Kenjalo—and another person—to live in her home again. The Court is sympathetic to the difficulties imposed on Defendant's family due to his conduct. “Unfortunately, ‘when someone commits a serious crime and is caught, the felon's family members are almost always among the primary victims of the result of his misconduct and suffer both financially and psychologically.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the other two of the previously unidentified four inmate COVID fatalities noted Tuesday on the BOP Website, both of whom died more than a year ago but whose deaths and identities were not timely acknowledged, as Glen Sheffield, 36, of FCI Hazelton, who died July 24, 2021, and Gary Charles Tanner Jr., 44, of FCI Terminal Island, who died January 5, 2021. The total number COVID-related inmate deaths remains at 306. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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