Please ensure Javascript is enabled for purposes of website accessibility
 
Search

August 23, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 478 (up from 426) Currently positive-testing staff: 359 (up from 357) Recovered inmates: 42,799 (up from 42,770) Recovered staff: 7,165 (up from 7,138)


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

San Diego MCC: 68 (up from 35)

McCreary USP: 64

Three Rivers FCI: 41 (up from 37)

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

Pollock USP: 30 (up from 29)

McCreary USP: 19 (down from 26)

Oakdale I FCI: 18 (up from 15)

System-wide testing results: Presently, BOP has 130,820 federal inmates in BOP-managed institutions and 14,449 in community-based facilities. Today's stats: Completed tests: 119,737 (down from 119,754) Positive tests: 42,761 (up from 42,679)

Total vaccine doses distributed: 212,350

Case Note: Eleventh Circuit finds rejection of compassionate release application procedurally and substantively flawed...


In U.S. v. ROBERT M. EVANS, Defendant-Appellant., 2021 WL 3673738 (11th Cir. Aug. 19, 2021) (unpublished) (per curium), the 11th Circuit, where U.S.S.G. § 1b1.13 still controls, finds the district court's denial of compassionate release to have been procedurally and substantively flawed, explaining: "Mr. Evans based his motion for compassionate release on numerous physical ailments from which he was suffering. Among other things, he detailed that a car accident in 2003 had caused injuries to his spinal cord and pelvic nerves. Those injuries significantly weakened his legs, such that he required a walker or wheelchair to move. They also resulted in urinary incontinence and irreversible, significant muscular wasting and atrophy of his buttocks and legs. Mr. Evans further explained that, while incarcerated, he had developed severe ulcers on his buttocks, which required multiple hospitalizations, medications, and debridements. One ulcer was so severe that necrotizing fasciitis and a streptococcal infection had penetrated to his bones, requiring his hospitalization. He asserted that if he did not receive proper physical therapy, he would lose his remaining mobility. The district court was required to consider several variables in ruling on Mr. Evans’ motion for compassionate release. It had to determine whether there were “extraordinary and compelling” reasons as set forth in U.S.S.G. § 1B1.13, the applicable policy statement by the Sentencing Commission. If “extraordinary and compelling” reasons existed, it then had to decide, in the exercise of its discretion, whether to reduce the sentence after considering the § 3553(a) factors. See 18 U.S.C. § 3582(c)(1)(A)(i); U.S.S.G. § 1B1.13; United States v. Bryant, 996 F.3d 1243, 1251–52, 1254 (11th Cir. 2021). Mr. Evans argued that a time-served sentence was warranted because his physical ailments were extraordinary and compelling; that the relevant § 3553(a) factors supported the reduction or were at least neutral; and that granting the motion was consistent with § 1B1.13’s policy statement. The district court did not address any of those grounds. Instead, it denied the motion because Mr. Evans had been transferred to FMC Butner, a federal prison for inmates with medical needs. It stated that, “[i]n light of this development, [Mr.] Evans’ pending motions seeking compassionate release based on his medical conditions are denied.” D.E. 1244 at 2 (alterations in the original). That observation, while perhaps relevant to an overall discretionary determination, is by itself insufficient to allow for meaningful appellate review. See Cook, 998 F.3d at 1184–85. The district court did not determine whether Mr. Evans’ medical conditions were extraordinary and compelling. Nor did it discuss § 1B1.13 or the § 3553(a).”



Death Watch: No new fatalities have been reported. Inmate deaths remain at 244. Five of these inmates died while on home confinement. Staff deaths remain at 5.






41 views0 comments