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December 1, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG

Updated: Dec 6, 2022


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 85 BOP facilities and 13 RRCs

Currently positive-testing inmates: 258 (up from 236) Currently positive-testing staff: 209 (up from 198) Recovered inmates currently in the BOP: 47,704 (down from 47,794) Recovered staff: 14,599 (up from 14,594)


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

Leaventhworth: 38 (unchanged)

Carswell FMC: 37 (up from 36)

Allenwood Low FCI: 21 (unchanged)


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

Central Office HQ: 58 (unchanged)

Western RO: 7 (unchanged)

Lompoc FCI: 6 (unchanged)


System-wide testing results: Presently, BOP has 144,672 federal inmates in BOP-managed institutions and 13,895 in community-based facilities. Today's stats: Completed tests: 128,663 (up from 128,662) Positive tests: 55,311 (up from 55,310)


Total vaccine doses administered: 340,448 (up from 339,586)


Case Note: Sentence for unarmed bank robbery too severe and today defendant would not be a career offender, so 50 years reduced to 25...


In U.S. v. Carlton, No. 05 CR. 796 (PGG), 2022 WL 17104061 (S.D.N.Y. Nov. 22, 2022) (Gardephe, J.), the court halved defendant’s 50 year sentence citing, inter alia, its severe length, non-retroactive guideline amendments that would not allow for a career offender finding today, and the sentencing judge's factual errors that that were never corrected, explaining: "In July 2006, Carlton proceeded to trial before the Hon. Stephen C. Robinson. A jury found Carlton guilty on all counts. … Using the 2005 edition of the Sentencing Guidelines, the Probation Department calculated Carlton's offense level as 34, his criminal history score as 10, and his Criminal History Category as V. (PSR ¶¶ 17, 31, 74) The Probation Department determined, however, that Carlton was a career offender pursuant to U.S.S.G. § 4B1.1, because of (1) a 1992 conviction for attempted burglary in the second degree; and (2) 1998 convictions for bank robbery conspiracy, armed bank robbery, Hobbs Act robbery, use of a firearm during and in relation to a crime of violence, and possession of cocaine base with intent to distribute it. … On February 7, 2007, Judge Robinson sentenced Carlton to an aggregate sentence of fifty years' imprisonment and five years' supervised release. … On August 24, 2022, Carlton filed the instant motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). Carlton contends that he is entitled to compassionate release because (1) his fifty-year sentence is unjust, and under the current Guidelines he would no longer be treated as a career offender; (2) Judge Robinson committed factual and legal error at sentencing; (3) Carlton's medical condition warrants his release in light of the COVID-19 pandemic; (4) Carlton has been rehabilitated; and (5) Judge Robinson expressed a desire – shortly after sentence was imposed – to resentence Carlton to 35 years' imprisonment. … Carlton argues that (1) his fifty-year sentence “for a bank robbery in which no shots were fired and no one was hurt”; and (2) the fact that he no longer would be treated as a career offender under the Sentencing Guidelines, constitute “extraordinary and compelling” reasons justifying a reduction in his sentence. The parties agree that a sentence of fifty years' imprisonment for a 28-year old defendant convicted of “an armed bank robbery where no firearm was discharged and no one was hurt” is “unusually long.” … Brooker makes clear that this Court may consider whether the unusually lengthy nature of the sentence imposed on Carlton constitutes an “extraordinary and compelling reason[ ]” justifying a reduced sentence under Section 3582(c)(1)(A)). … In arguing that his fifty-year sentence was excessive, Carlton cites two other circumstances: … as a result of a change in the Sentencing Guidelines, Carlton would now no longer be treated as a career offender, and he would face a much reduced Guidelines range. … As discussed above, Carlton was treated as a career offender at his 2007 sentencing because of a 1992 conviction for attempted burglary, and 1998 convictions for armed bank robbery and possession of cocaine base with intent to distribute it. The 2005 version of the Guidelines lists “burglary of a dwelling” and offenses falling under a residual clause – offenses which “otherwise involve[ ] conduct that presents a serious potential risk of physical injury to another” – as predicate crimes for purposes of the career offender provision. U.S.S.G. § 4B1.2(a)(2) (2005). The current Guidelines' definition of “crime of violence” does not refer to burglary, nor does it contain the residual clause.” U.S.S.G. § 4B1.2(a) (2021). Accordingly, Carlton would have only one predicate conviction under today's Guidelines, and would not qualify as a career offender. At sentencing, Judge Robinson concluded that Carlton – as a career offender – faced a Guidelines range of 562 to 627 months. (Sent. Tr. (Dkt. No. 70) 4:3-8) Absent the career offender designation, Carlton's Guidelines range is 410 to 437 months, a difference of 152 to 190 months. … In sum, the 50-year sentence imposed by Judge Robinson was unusually severe given the Defendant's age (28) and the fact that no weapon was fired and that the Defendant's offenses resulted in no injury. Moreover, the change in the Guidelines career offender provision would lead to Carlton facing a significantly reduced Guidelines sentencing range. The Court concludes that each of these circumstances constitutes an “extraordinary and compelling reason” justifying a sentence reduction. The record indicates that while Carlton was being sentenced for robbing one bank, Judge Robinson may have believed that he was sentencing Carlton for “robb[ing] three banks.” At sentencing, defense counsel argued that if he took a poll of people on Mamaroneck Avenue in White Plains about what was appropriate punishment “if you robbed a bank for a second time,” “most people[ ] would say ... that [30-years' imprisonment] sounds appropriate.” (Sent. Tr. (Dkt. No. 70) 10:10-15


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) No new deaths within the BOP have been announced, leaving the reported inmate death toll at 309. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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