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August 24, 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 15 RRCs

Currently positive-testing inmates: 499 (up from 496) Currently positive-testing staff: 643 (down from 647) Recovered inmates currently in the BOP: 49,325 (unchanged) Recovered staff: 13,590 (up from 13,565)


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

Oakdale FCI: 48 (unchanged)

Allenwood Low FCI: 30 (unchanged)

SeaTac FDC: 27 (unchanged)

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

Central Office JQ: 57 (up from 56)

Carswell FMC: 28 (up from 27)

Houston MDC: 23 (unchanged)

System-wide testing results: Presently, BOP has 141,564 federal inmates in BOP-managed institutions and 13,833 in community-based facilities. Today's stats: Completed tests: 128,720 (up from 128,717) Positive tests: 55,368 (up from 55,365)


Total vaccine doses administered: 328,173 (up from 327,923)


Case Note: On remand, district court finds defendant's parents' condition + his rehab merit a five-year sentence reduction...


In U.S. v. FRANCIS CURTIS DAVIS, (E.D. Va. Aug. 19, 2022) (Gibney Jr, J.), on remand from the Fourth Circuit with instructions to fully consider all of the post-sentencing developments — including defendant's parents ill health and effect of Rehaif on his conviction — the court reduces defendant’s sentence from 240 to 180-months, based on rehabilitation and his parents' condition, explaining: "On June 7, 2021, the Court denied the defendant's motion. (ECF No. 132.) The defendant appealed that denial to the Fourth Circuit, and on January 13, 2022, the Fourth Circuit vacated this Court's decision and remanded the case for further proceedings. (ECF No. 136.) The Fourth Circuit directed that this Court should consider the “totality of [the defendant's] post-sentencing conduct, the ill health of his mother, and the potential voiding of one of his convictions” in determining whether to grant compassionate release. … Though “[r]ehabilitation ... alone shall not be considered an extraordinary and compelling reason” for compassionate release, 28 U.S.C. § 994(t) (emphasis added), the Court now finds that this defendant's post-sentencing conduct exceeds mere rehabilitative efforts, (see ECF No. 136, at 4). The defendant's participation on the FCI Bennettsville COVID-19 Sanitation Crew, his work as an inmate representative for the Sunni Muslim community, and his teaching as a GED tutor reflect a pattern of intentional service to his fellow prisoners. Such dedication to the betterment of himself and others, particularly in light of the defendant's family situation, constitutes extraordinary and compelling circumstances warranting relief. … The defendant's efforts have not been in vain: during his entire time sanitizing the department, no staff member of the Education Department has contracted COVID-19. … When combined with his exceptional work in prison, the defendant's family circumstances also present an extraordinary and compelling circumstance for relief. … The record before the Court demonstrates that the defendant's mother has several serious medical conditions14 and faces financial instability15 due in large part to the same pandemic her son has worked to control. Upon his eventual release, the defendant hopes to support her by utilizing the skills and work ethic that he gained while in prison.16 Accordingly, the Court finds that the defendant's well-documented record of remarkable service to his prison community, particularly in light of the external stress and hardship of worrying about his ill mother, is both extraordinary and compelling. The defendant also contends that a change in the law regarding his firearm conviction provides an extraordinary and compelling reason for release. See Rehaif 139 S. Ct. at 2197. Specifically, he asserts that his firearm conviction is invalid because his indictment did not contain, as an element, that he knew he was a convicted felon at the time of the offense. … In this instance, the record clearly establishes that the government could have easily demonstrated that the defendant knew of his prohibited status at the time of the offense. Prior to the present offense, the defendant was convicted of multiple felonies on multiple occasions for which he received sentences in excess of one year. Because the Court finds that the defendant's other arguments present an extraordinary and compelling reason for compassionate release, the Court must now consider whether the 18 U.S.C. § 3553(a) factors support a modification to the defendant's sentence. … Despite the serious nature of the defendant's actions and his prior criminal history, the Court finds that the defendant's personal characteristics counsel in favor of a sentence reduction. Indeed, the defendant's “unusually deep efforts at successful rehabilitation,” particularly in light of his familial circumstances, demonstrate that he has grown into a responsible individual worthy of compassion and grace.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-related fatalities. 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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