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December 20, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 289 (up from 286) Currently positive-testing staff: 243 (up from 240) Recovered inmates: 41,779 (up from 41,773) Recovered staff: 8,643 (up from 8,632)


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

Alderson FPC: 69 (up from 59)

Allenwood USP: 40 (down from 51)

Pollock FCI: 30

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

Carswell FMC: 15 (unchanged)

Rochester FMC: 13 (unchanged)

La Tuna FCI: 8

System-wide testing results: Presently, BOP has 135,446 federal inmates in BOP-managed institutions and 15,039 in community-based facilities. Today's stats: Completed tests: 127,380 (up from 127,091) Positive tests: 41,671 (up from 41,660)


Total vaccine doses administered: 273,729 (up from 272,287)


Case Note: Weight to ascribe to particular § 3353(a) factors in considering compassionate release application is within the district court's broad discretion...


In U.S. v. Yasmil Fertides, No. 20-3809-CR, 2021 WL 5918301 (2d Cir. Dec. 15, 2021) (unpublished) (per curium), the court reaffirmed that the weight ascribed to the various 3553(a) factors is within the discretion of the district court, explaining: "Batista argues that the district court abused its discretion by focusing too intently on the seriousness of her offense while failing to give sufficient weight to her personal circumstances, including her comparably limited role in the robbery as the driver, her traumatizing experiences while incarcerated, and her personal background, such as her difficult childhood, history of substance abuse and depression, and family caretaking responsibilities as a mother. However, Batista's disagreement with the district court's weighing of certain Section 3553(a) factors does not establish an abuse of discretion. See United States v. Florez, 447 F.3d 145, 158 (2d Cir. 2006) (“[T]he weight to be given any § 3553(a) factor[ ] is a matter firmly committed to the discretion of the sentencing judge and is beyond our [appellate] review, as long as the sentence ultimately imposed is reasonable in light of all the circumstances presented.” (internal quotation marks and citation omitted and second alteration in original)). In sum, the district court's determination after balancing the relevant Section 3553(a) factors was well “within the range of permissible decisions,” Borden, 564 F.3d at 104 (internal quotation marks omitted), and thus we find no basis to disturb the reasoned exercise of its discretion in finding that Batista failed to demonstrate exceptional and compelling reasons sufficient to warrant a compassionate release.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional inmate fatalities. Total inmate fatalities remain at 273. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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