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December 10, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 265 (up from 262) Currently positive-testing staff: 237 (up from 230) Recovered inmates: 41,804 (down from 41,831) Recovered staff: 8,581 (unchanged)


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

Waseca FCI: 125 (unchanged)

Pollock FCI: 30 (down from 38)

Allenwood USP: 12 (unchanged)

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

Carswell FMC: 14 (unchanged)

McKean FCI: 13 (unchanged)

Rochester FMC: 12 (up from 11)

System-wide testing results: Presently, BOP has 134,423 federal inmates in BOP-managed institutions and 15,113 in community-based facilities. Today's stats: Completed tests: 126,280 (up from 126,278) Positive tests: 41,701 (down from 41,699)


Total vaccine doses administered: 268,420 (up from 266,707)


Case Note: Court grants lifer a reduction to 300 months, noting defendant, if sentenced today, would not be subject to a mandatory life sentence as a three-time (though non-violent) drug felon...


In U.S. v. FRANCIS KALANI LII, 2021 WL 5828370 (D. Haw. Dec. 8, 2021) (Gilmore, J.), the court reduced defendant's mandatory life sentence to 300 months, explaining, "On June 30, 2008, the Government filed a SPECIAL INFORMATION AS TO PRIOR DRUG CONVICTIONS. (ECF No. 84). The Special Information informed the Court that the Government intended to rely on Defendant's prior convictions in 95-cr-01109 ACK and in State of Hawaii v. Francis Kalani Lii, Cr. No. 90-0954, a Hawaii state-court felony conviction, for enhanced penalties pursuant to 21 U.S.C. §§ 841(b)(1) and 851. (Id.) … Pursuant to the Special Information, however, the statutory mandatory minimum term of imprisonment was life imprisonment. On November 24, 2008, the Court sentenced Defendant Lii to the required term of life imprisonment as to Counts 1 and 2, to be served concurrently. … Defendant Lii states he suffers from obesity, type 2 diabetes, hypertension, high cholesterol, hypothyroidism, hepatitis C, along with various mobility issues. … Following Defendant's sentencing for his third drug trafficking crime, the First Step Act of 2018 reduced the mandatory minimum sentence that applied to defendants who had previously been convicted of a third drug trafficking offense pursuant to 21 U.S.C. §§ 841 & 851. … Defendant Lii's convictions were for large-scale drug trafficking. He was not a violent offender. Today, it is not mandatory that the Court impose a life sentence for his third drug trafficking conviction. Defendant Lii has already served approximately 168 months imprisonment and has significant health issues. The severity of Defendant Lii's sentence given his age and health condition, combined with the disparity between the sentence imposed and the sentence Congress believes to be appropriate pursuant to the First Step Act, constitutes extraordinary and compelling reasons for a reduction in sentence. ...A reduction in Defendant's sentence from a term of life imprisonment to 300 months imprisonment is warranted.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-19 fatalities. Inmate fatalities remains at 271. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.




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