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Fast Facts (Full BOP stats can be found here)

Confirmed active cases at 77 BOP facilities and 13 RRCs

Currently positive-testing inmates: 253 (down from 258) Currently positive-testing staff: 191 (down from 209) Recovered inmates currently in the BOP: 47,658 (down from 47,704) Recovered staff: 14,624 (up from 14,599)

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

Leavenworth: 39 (up from 38)

Carswell FMC: 33 (down from 37)

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 144,521 federal inmates in BOP-managed institutions and 13,961 in community-based facilities. Today's stats: Completed tests: 128,663 (unchanged) Positive tests: 55,311 (unchanged)

Total vaccine doses administered: 340,744 (up from 340,448)

Case Note: Trial penalty considered in reducing mobster's 65-year RICO sentence...

In U.S. v. Grecco, No. CR 89-00250, 2022 WL 17080748 (D.N.J. Nov. 18, 2022) (Wigenton, J.), the court reduced 65-year sentence to time served for mobster convicted of, inter alia, a RICO predicate of conspiracy to commit murder, taking note of, while assessing 3553(a) factors, the trial penalty and that the Government’s plea offer was much lower than the term he has served, explaining: "On July 20, 1989, Defendant was charged along with seven co-defendants in a seven-count indictment (“Indictment”) alleging his involvement in a criminal enterprise—a faction of the Genovese Family of La Cosa Nostra—in which its primary purpose “was to obtain money for its members and associates through the operation of two illegal businesses.” … The Indictment further alleged that the enterprise used “fear and violence to eliminate competition” of rival gambling businesses, and “conducted and conspired in acts of murder and extortion to further the objectives of the enterprise.” Six of Defendant's co-defendants pled guilty and accepted plea agreements. (D.E. 30-1 at 22–23.) Defendant and one co-defendant, Louis Gatto, Sr., (“Gatto”) elected to proceed to a jury trial, which was commenced before the Honorable Harold A. Ackerman, U.S.D.J. (now deceased) on March 18, 1991. (D.E. 30-1 at 11.) Defendant and Gatto proceeded to trial on a seven count Indictment charging: RICO conspiracy (Count One); Substantive RICO Enterprise (Count Two); Sports gambling business (Count Three); Numbers gambling business (Count Four); Use of Interstate telephone facilities in aid of illegal gambling (Count Five); Interstate travel in aid of Racketeering (Count Six); and Interstate transportation of wagering records (Count Seven). On June 20, 1991, a jury found Defendant guilty on all counts. (D.E. 40 at 2; CV D.E. 56 at 2.) On November 11, 1991, Judge Ackerman sentenced Defendant to a term of 65 years of imprisonment. …This Court also finds that releasing Defendant would be consistent with the sentencing factors under 18 U.S.C. § 3553(a) because those factors militate strongly in his favor. … First, Defendant has served thirty-three (33) years of his sixty-five (65) year term of imprisonment, which is at least 50 percent of his custodial sentence. (D.E. 30-1 at 79.) It is indisputable that Defendant's sentence is extraordinarily long in comparison to the significantly shorter sentences that his co-defendants, who decided not to proceed to trial, received for substantially similar conduct. (D.E. 30-1 at 22–23.) The highest sentence received among Defendant's co-defendants who decided not to proceed to trial was 72-months imprisonment. (Id.) Defendant's six co-defendants have all been released years ago. (Id.) Notably, the Government's plea offer to Defendant prior to trial was eighteen (18) years imprisonment, which would have resulted in his release from prison decades ago. (D.E. 30-1 at 36.) This suggests that the Government was open to the idea of Defendant being released from prison after eighteen (18) years and there is no indication that the Defendant would be more dangerous now than he was then. This Court is keenly aware of the considerations associated with acceptance of responsibility and entering a plea of guilty as it relates to sentencing. Notwithstanding, this Court finds that Defendant's thirty-three (33) years of imprisonment is a sufficient but not greater than necessary term of imprisonment that will certainly deter him and others from committing crimes.”

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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