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December 13, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 263 (down from 265) Currently positive-testing staff: 225 (down from 237) Recovered inmates: 41,817 (up from 41,804) Recovered staff: 8,599 (up from 8,581)


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

Waseca FCI: 90 (down from 125)

Pollock FCI: 56 (up from 30)

Allenwood USP: 14 (up from 12)

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

Carswell FMC: 14 (unchanged)

Rochester FMC: 12 (unchanged)

La Tuna FCI: 8

System-wide testing results: Presently, BOP has 134,503 federal inmates in BOP-managed institutions and 14,981 in community-based facilities. Today's stats: Completed tests: 126,360 (up from 126,280) Positive tests: 41,684 (down from 41,701)


Total vaccine doses administered: 269,357 (up from 268,420)


Case Note: Reweighing the § 3553(a) factors after previously denying release, court grants compassionate release to defendant who had kidney transplant following renal failure ...


In U.S. v. RAMESH SESHAN, Defendant., No. 14 CR. 620 (JFK), 2021 WL 5861228 (S.D.N.Y. Dec. 10, 2021) (Keenan), the court, citing the Delta variant and a re-weighing of § 3553(a) factors after defendant, who. had renal failure, received a kidney transplant, converted the balance of defendant's 120-month sentence for a crack conspiracy to time served with a condition of home confinement until December 2022, explaining: "Seshan's immunocompromised state and his underlying medical conditions place him at severe risk of contracting COVID-19 and developing serious, possibly life-threatening illness if infected. Accordingly, the Court concludes that “extraordinary and compelling reasons” exist warranting a reduction in his sentence....


Turning to the sentencing factors of 18 U.S.C. § 3553(a), the Court begins by noting that “the nature and circumstances of the offense” continue to weigh against modifying Seshan's ten-year sentence. As the Court stated in its May 6 Order, Seshan admitted to having sold crack cocaine for over a decade. See Seshan, 2020 WL 2215458, at *1. In his plea agreement, Seshan pled guilty to conspiring, from at least 1998 until December 2013, to distribute 280 grams or more of crack cocaine. Id. According to the Presentence Investigation Report (“PIR”), Seshan was convicted of various drug and firearm related charges in 2001, 2002, 2006, 2007, and 2011. (Revised Final Presentence Investigation Report ¶ 11 (Feb. 9, 2016), ECF No. 28.) Finally, as noted previously, Seshan admitted during his plea allocution that he shot an individual over a dispute involving drugs. (Id. ¶ 13 n.1.) The duration and seriousness of Seshan's prior criminal conduct undoubtedly militate against granting the instant motion....


Nevertheless, due to Seshan's immunocompromised condition and the acute dangers posed by the COVID-19 Delta Variant, the majority of the § 3553(a) factors now support modifying Seshan's sentence. Because of his heightened risk of contracting COVID-19 and developing serious illness, the “history and characteristics of the defendant” and the “need ... to provide the defendant with needed medical care,” § 3553(a), weigh in favor of modifying Seshan's sentence to a period of home confinement.... Additionally, although Seshan's criminal conduct was serious, he has served more than six years of his sentence and is scheduled to be released in twelve months. Seshan's confinement at home for the remainder of his sentence will adequately “reflect the seriousness of the offense, ... promote respect for the law, ... provide just punishment for the offense,” and “afford adequate deterrence to criminal conduct.” 18 U.S.C. 3553(a)(2)(A), (B); see also Pena, 459 F. Supp. 3d 551 (noting the “[t]he time [defendant] has served in prison has already achieved much of the original sentence's retributive, deterrent, and incapacitative purpose”). Finally, due to his poor physical health, Seshan's continued incarceration at FMC Devens is not necessary to “protect the public from further crimes of the defendant.” 18 U.S.C. § 3553(a)(2)(C)."


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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