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August 3, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 116 BOP facilities and 14 RRCs

Currently positive-testing inmates: 402 (down from 477) Currently positive-testing staff: 549 (up from 509) Recovered inmates currently in the BOP: 49,698 (up from 49,632) Recovered staff: 13,375 (up from 13,356)


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

Schuylkill FCI: 31

Sheridan FCI: 26 (unchanged)

Florence High USP: 25

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

Central Headquarters: 53 (up from 52)

Carswell FMC: 23 (up from 22)

Houston FDC: 20 (unchanged)

System-wide testing results: Presently, BOP has 140,686 federal inmates in BOP-managed institutions and 13,799 in community-based facilities. Today's stats: Completed tests: 128,716 (up from 128,714) Positive tests: 55,3624 (up from 55,362)


Total vaccine doses administered: 325,969 (up from 325,949)


Case Note: Court grants sentence reduction to give full effect to Government's previous Rule 35(b) motion, in light of current law under which defendant is no longer considered a career criminal...


In U.S. v. JOHN SAMUEL GLOVER, JR., Defendant., No. 8:07-CR-00960-JMC-15, 2022 WL 3025753 (D.S.C. Aug. 1, 2022) (Childs, J.), the court reduced the sentence of defendant whose 360-month sentence had previously been reduced to 262 months under Rule 35(b) in light of his cooperation, but never received the full benefit of the Rule 35 motion because today he would not be a career offender and his base offense level would therefore be reduced, explaining: " Under 21 U.S.C. § 841(b)(1)(A), Defendant was subject to a mandatory minimum of 20 years followed by 10 years of supervised release, based on 7 prior felony drug convictions. (ECF No. 366.) Defendant's total offense level was 37 placing him within Criminal History Category IV. Accordingly, Defendant's Guidelines range was 360 months to life imprisonment. The court scheduled Defendant's sentencing hearing for May 28, 2008; however, Defendant failed to appear, and an oral bench warrant was issued for his arrest for absconding pretrial supervision. (ECF Nos. 538, 591.) Approximately four years later, Defendant was arrested on September 13, 2012, at which time his bond was revoked, and he was ordered to be detained. On January 29, 2013, the court sentenced and committed Defendant to the custody of the Federal Bureau of Prisons (“BOP”) for a term of 360 months followed by 10 years of supervised release. … Subsequently, on September 28, 2016, the court granted the Government's motion for a sentence reduction pursuant to Fed. R. Crim. P. 35(b) and issued an Amended Judgment wherein Defendant was committed to the BOP's custody for 262 months, running concurrently with Defendant's active Virginia state sentence. ... Here, there is no BOP warden to grant Defendant compassionate release, so the court waives 18 U.S.C. § 3582’s exhaustion requirement. Defendant is incarcerated at Lawrenceville Correctional Center. Because this facility is a Virginia State prison, there is no BOP warden to grant Defendant compassionate release. Consequentially, requiring Defendant to go through the administrative process would result in inadequate relief and would be futile. … In this case, Defendant has presented extraordinary and compelling circumstances for compassionate release. Although the First Step Act's retroactive changes do not implicate Defendant's original guidelines range, current law declares Defendant is not a career offender because Defendant's conviction is no longer a controlled substance offense pursuant to USSG § 4B1.2(b). See United States v. Norman, 935 F.3d 232, 237-39 (4th Cir. 2019). Still, Defendant's mandatory minimum sentence is fifteen years to Life. The court recognizes the Government did not adjust the Base Offense Level for the drug weight after the change in the 2014 sentencing guidelines. Following a careful review of the record, Defendant is responsible for 2,578.55 kg of converted drug weight, resulting in an Offense Level of 30 as opposed to 32. Defendant's offense level is increased by 2 points for obstruction, so his Total Offense Level is 32. As a result, Defendant falls under a Criminal History category of VI, and his guideline range is 210-262 months. The court granted the Government's Motion for a Sentence Reduction based on Defendant's substantial assistance pursuant to Fed. R. Crim. P. 35(b), issuing an Amended Judgment wherein Defendant was committed to the BOP's custody for 262 months. (ECF No. 1134.) While the Defendant's Amended Judgment falls within his adjusted guideline range, he will have lost the credit for his substantial assistance. Accordingly, because Defendant's sentence has not been reduced to reflect his assistance to the Government, there are extraordinary and compelling circumstances which constitute compassionate release. … Following a careful consideration of the record, the court finds the need for unwarranted sentence disparities outweighs the previous sentencing factors. If an individual were in a comparable position to Defendant, they would be sentenced on the lower end of the guideline range. Defendant has not been credited for his substantial assistance to the Government following the adjustment of the sentencing guidelines. Because of this assistance, Defendant's judgment is reduced from 262 months to 210 months.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related inmate deaths. COVID-related inmate deaths remain at 302. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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