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August 6, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 280 (down from 293) Currently positive-testing staff: 225 (up from 211) Recovered inmates: 42,977 (up from 42,950) Recovered staff: 7,050 (up from 7,047) Institutions with the largest number of currently positive-testing inmates:

McCreary USP: 54 (up from 35)

Texarcana FCI: 25 (down from 76)

Miami FDC: 25 (unchanged)

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

Pollock: 21 (up from 20)

Coleman II USP: 11 (up from 8)

Oakdale I FCI: 10

System-wide testing results: Presently, BOP has 130,449 federal inmates in BOP-managed institutions and 14,512 in community-based facilities. Today's stats: Completed tests: 118,847 (up from 118,800) Positive tests: 42,706 (down from 42,698)

Total Vaccine doses distributed: 208,224

Case Note: Judges need not consider every § 3553(a) factor when denying compassionate relief; it's enough to say sentence reduction would “not reflect the seriousness of his crime or promote deterrence or respect for the law” ...


In U.S. v. TERRY EVELAND, 2021 WL 3414202 (7th Cir. Aug. 5, 2021) (unpublished) (per curium) the Seventh Circuit reiterated that courts need not say much to survive an appeal from the denial of compassionate relief, explaining: "Eveland next argues that the district judge improperly weighed the sentencing factors because he did not give proper credit to Eveland's post-conviction conduct and failed to consider the disparity between Eveland's sentence and those of his co-defendants. But the compassionate release statute directs judges to consider the § 3553(a) factors “to the extent that they are applicable.” 18 U.S.C. § 3582(c)(1)(A). And the judge provided an adequate reason to justify denying Eveland's motion for early release: releasing Eveland after he had served only one quarter of his sentence would “not reflect the seriousness of his crime or promote deterrence or respect for the law.” That is all the district judge needed to say. United States v. Ugbah, No. 20-3073, --- F.4th ---, 2021 WL 3077134, at *2 (7th Cir. July 21, 2021) (concluding § 3582(c)(1)(A) requires no more than “one good reason and no bad ones” when denying a motion for compassionate release). The judge was not required to consider each § 3553(a) factor, and Eveland has not argued that the judge's consideration of any factor was incorrect.”


Death Watch: The BOP has identified no new COVID-19 fatalities. Inmate fatalities remain at 242. Five of these inmates died while on home confinement. Staff fatalities remain at 4.





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