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August 24, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts: Currently positive-testing inmates: 421 (down from 478) Currently positive-testing staff: 386 (up from 359) Recovered inmates: 42,867 (up from 42,799) Recovered staff: 7,171 (up from 7,165)


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

San Diego MCC: 75 (up from 68)

McCreary USP: 62 (down from 64)

Three Rivers FCI: 33 (down from 41)

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

Pollock USP: 31 (up from 30)

McCreary USP: 20 (up from 19)

Oakdale I FCI: 19 (up from 18)

System-wide testing results: Presently, BOP has 131,048 federal inmates in BOP-managed institutions and 14,421 in community-based facilities. Today's stats: Completed tests: 119,737 (down from 119,941) Positive tests: 42,761 (down from 42,774)

Total vaccine doses distributed: 212,446

Case Note: Defendant's circumstances were extraordinary and compelling but § 3553(a) factors militated against release...


In U.S. v. ANGEL FLORES, 2021 WL 3682054 (S.D.N.Y. Aug. 19, 2021) (Chin, J.), although defendant established extraordinary and compelling circumstances, and his co-defendant was granted compassionate release, defendant’s conduct was too egregious and thus the 3553(a) factors counseled against release: "I sentenced Mr. Flores on November 23, 1999 … to 360 months’ imprisonment, followed by three years of supervised release. … First, although Mr. Flores is a fully vaccinated 53-year-old with no underlying health conditions, COVID-19 still presents a substantial risk, particularly in light of the uncertainties presented by the Delta variant and breakthrough infections. Moreover, roughly 350 inmates at FCI Gilmer, where Mr. Flores is incarcerated, have tested positive for COVID-19, with at least one fatality and about 500 inmates remaining unvaccinated. …Second, Mr. Flores's family circumstances warrant consideration. While incarcerated, he lost his mother. Def. Mem., Ex. D. His father is now 84 years old. Id. He also became a grandfather. Id. His friends and family members submitted several letters demonstrating their support and assured the Court that Mr. Flores would be employed and cared for upon his release. Id. Third, Mr. Flores's rehabilitation efforts are noteworthy. …In his 24 years of incarceration, Mr. Flores has incurred only three disciplinary infractions, with his last violent infraction occurring in 2008, and his last non-physical disciplinary infraction occurring over three years ago.…In light of this combination of circumstances, I find that Mr. Flores has demonstrated extraordinary and compelling reasons sufficient to make him eligible for compassionate release. In the end, however, I conclude that Mr. Flores's motion must be denied because the 3553(a) factors weigh against his release or a reduction in his sentence. Mr. Flores was a leader of an organization that carried out murders and conspired or attempted to commit other murders and engaged in extensive drug trafficking. Mr. Flores was personally involved in two murders, including the fatal shooting of a person Mr. Flores knew to be a confidential informant. Because of the two murders, Mr. Flores's total offense level was 47. PSR ¶ 104. With his Criminal History Category of IV, Mr. Flores’ Guidelines sentence would have been life imprisonment, but because of his plea agreement (which permitted Mr. Flores to plead guilty to counts carrying a total maximum sentence of 360 months) the maximum sentence I could impose was 360 months. PSR ¶¶ 82, 89, 104, 141-42.I had the discretion to downwardly depart, but I did not believe a downward departure was warranted.SeeSentencing Tr. at 3-4, 6. Indeed, but for the limitation imposed by the plea agreement, I likely would have imposed a higher sentence. Mr. Flores notes that I granted the motion for compassionate release of co-defendant Kerry Clark, and I observed that Mr. Clark had received a sentence that was “exceedingly harsh.”United States v. Clark, No. 97 CR. 817 (DC), 2021 WL 1066628, at *3 (S.D.N.Y. Mar. 18, 2021), The same cannot be said of Mr. Flores's sentence, as he carried out significant leadership duties in the Maisonet organization and was involved in violent criminal activity -- namely, two murders. Because thesection 3553(a) factors weigh heavily against sentence reduction, I conclude that compassionate release is not warranted.”



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.



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