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December 6, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 79 BOP facilities and 12 RRCs

Currently positive-testing inmates: 222 (down from 235) Currently positive-testing staff: 189 (up from 182) Recovered inmates currently in the BOP: 47,637 (down from 47,658) Recovered staff: 14,637 (up from 14,635)


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

Leavenworth: 32 (down from 36)

Carswell FMC: 27 (down from 30)

Allenwood Low FCI: 25 (up from 21)


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

Central Office HQ: 58 (unchanged)

Western RO: 7 (unchanged)

Brooklyn MDC: 6 (unchanged)


System-wide testing results: Presently, BOP has 144,789 federal inmates in BOP-managed institutions and 13,828 in community-based facilities. Today's stats: Completed tests: 128,659 (unchanged) Positive tests: 55,307 (unchanged)


Total vaccine doses administered: 341,090 (up from 340,885 )


Case Note: Another case granting compassionate release where BOP found to provide substandard medical care...


In U.S. v. JASON MATTHEW ROMERO, Defendant., No. 213CR00339GMNPAL1, 2022 WL 17343790 (D. Nev. Nov. 29, 2022) (Navarro, J.), the court concluded that BOP’s neglect of defendant’s heart condition, separate and together with the risks the condition poses to a severe case of COVID support his immediate release, explaining: "Defendant argues that he is eligible for compassionate release because he is not receiving adequate medical treatment for his heart condition, which also makes him particularly susceptible to COVID-19 in a custodial setting. (MCR 10:14–14:17). Defendant, age forty, has high blood pressure, hyperlipidemia, and suffered from a heart murmur when he was a child. (2021 Batch of Medical Records at 81, 177, Ex. B to MCR, ECF No. 89). Additionally, Defendant's family has a history of experiencing heart attacks at young ages. … In August of 2020, Defendant submitted an inmate request for triage services because his heart was beating irregularly and he was experiencing dizziness. (Id. at 50, Ex. A to MCR). Defendant's heart condition worsened over the course of the next year. (See generally id., Ex. A to MCR; 2021 Batch of Medical Records, Ex. B to MCR). In June of 2021, Defendant became unconscious and unresponsive for several minutes. (2021 Batch of Medical Records at 92, Ex. B to MCR). Defendant's medical records from this incident state that his “heart rate and rhythm are irregular with A-Fib and RVR and multifocal PVCs or aberrant ventricular conduction.” … After the incident in which Defendant became unconscious, a medical provider with the Bureau of Prisons Health Services advised Defendant that he would need to see a cardiologist. (2021 Batch of Medical Records at 90, Ex. B to MCR). Defendant eventually saw a cardiologist in September of 2021. (Id. at 177, Ex. B to MCR). At this visit, an electrocardiogram revealed that Defendant suffers from sinus bradycardia. The Court agrees with Defendant that his heart condition presents an extraordinary and compelling circumstance to justify a reduced sentence. … Though the Government argues that Defendant is receiving attentive medical care in prison, (see Resp. 7:12), Defendant did not see a cardiologist until nearly a year after he first raised concerns about his heart condition, and only after an incident occurred during which he lost consciousness. The Court finds that Defendant's medical needs to address a potentially life-threatening heart condition are not being met in prison, therefore warranting compassionate release. Additionally, Defendant's heart condition and history of drug use likely places him at a higher risk of complications with COVID-19. … Here, Defendant is vaccinated. (2021 Batch of Medical Records at 128, Ex. B to MCR). Although Defendant's heightened risk for COVID-19 complications is not an extraordinary and compelling reason for a reduced sentence on its own, the Court nonetheless finds that Defendant's heightened risk further supports the Court's conclusion to grant compassionate release based on his heart condition. Further, the factors found in 18 U.S.C. § 3553(a) weigh in favor of Defendant's release. … The Court finds that the hardship Defendant has experienced while incarcerated is enough of a deterrent from future criminal activity. Any incremental deterrent value that could be derived from Defendant's time spent serving the short time remaining in his sentence is outweighed by Defendant's medical needs. The Court is aware of the Government's concerns regarding Defendant's alleged illegal drug use while in prison. (See Resp. 9:16–23). However, Defendant disputes that he used illegal drugs in prison, and it appears that Defendant was not disciplined for any illegal drug use.”


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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