Please ensure Javascript is enabled for purposes of website accessibility
 
Search

December 29, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG





Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 1,011 (up from 809) Currently positive-testing staff: 387 (up from 345) Recovered inmates: 41,683 (down from 41,695) Recovered staff: 8,721 (up from 8,713)


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

Chicago MCC: 132 (up from 100)

Allenwood USP: 114 (up from 112)

Brooklyn MDC: 107

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

Carswell FMC: 22 (unchanged)

Fairton FCI: 13 (up from 10)

Central Office HQ: 11

System-wide testing results: Presently, BOP has 135,285 federal inmates in BOP-managed institutions and 14,997 in community-based facilities. Today's stats: Completed tests: 127,656 (up from 127,634) Positive tests: 42,302 (up from 41,111)


Total vaccine doses administered: 276,956 (up from 276,589)


Case Note: Obesity may be a risk factor but it's not extraordinary because, well, we're an obese country....


In U.S. v. LEON GILLS, 2021 WL 6112153 (E.D. Mich. Dec. 27, 2021) (Goldsmith, J.), the district court found that obesity, though a COVID risk factor, does not warrant compassionate release because it's a common condition, explaining: "Fourth, the CDC's guidance reflects that being overweight—defined as a body mass index (BMI) greater than 25 kg/m2—can increase an individual's likelihood of severe illness from COVID-19. Gills contends that his BMI is 38.5 kg/m2, 2d Reply at PageID.14620, which would qualify him as overweight. However, as other courts have recognized, “there is nothing uncommon about the risks that Defendant faces to serious illness because of his obesity” because “obesity and overweight are common conditions; 42% of American adults are obese and 32% are overweight.” United States v. Humphrey, No. 2:15-cr-20329-4, 2021 WL 1422765, at *2 (E.D. Mich. Apr. 15, 2021) (punctuation modified). Further, “[w]ith monitoring and effective lifestyle changes, high [BMI] can be improved, if not fully treated.” Id. (punctuation modified). Because Gills can take proactive steps to reduce his BMI, his high BMI does not warrant 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.

24 views0 comments