Fast Facts (Full BOP stats can be found here)
Confirmed active cases at 73 BOP facilities and 12 RRCs
Currently positive-testing inmates: 203 (down from 232) Currently positive-testing staff: 159 (down from 186) Recovered inmates currently in the BOP: 47,564 (down from 47,579) Recovered staff: 14,672 (up from 14,644)
Institutions with the largest number of currently positive-testing inmates:
Allenwood Low FCI: 25 (unchanged)
Carswell FMC: 23 (unchanged)
Dublin FCI: 15
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 144,881 federal inmates in BOP-managed institutions and 13,955 in community-based facilities. Today's stats: Completed tests: 128,660 (up from 128,659) Positive tests: 55,308 (up from 55,307)
Total vaccine doses administered: 341,702 (up from 341,332)
Case Note: Defendant granted sentence reduction because BOP failed to give him credit for time spent in state custody as district court intended...
In U.S. v. KYLE DAVID MILTON, Defendant., No. 2:13-CR-6035-EFS, 2022 WL 17345756, at *1 (E.D. Wash. Nov. 30, 2022) (Shea, J.), the court reduced defendant's sentence because at sentencing, parties and court believed the defendant would be returned to state court to serve out the remainder of his sentence, only to learn that the sentence had since expired, and the BOP only credited his time after the state sentence expired, explainiung: "In January 2011, Mr. Milton sold methamphetamine to a confidential informant during a controlled purchase (the “2011 Drug Sale”). … In August 2012, Mr. Milton was arrested and charged for committing a new, separate controlled-substance offense involving the possession of methamphetamine with intent to distribute (the “2012 Drug Possession”) … In August 2012, Mr. Milton was arrested and charged for committing a new, separate controlled-substance offense involving the possession of methamphetamine with intent to distribute (the “2012 Drug Possession”). … In June 2013, the United States filed an indictment in this Court based on Mr. Milton's 2012 Drug Possession, charging him with possession with intent to distribute 50 grams or more of actual methamphetamine, in case number 2:13-cr-6035-EFS (“Case No. 6035”). A few days later, the United States also indicted Mr. Milton based on his 2013 Drug Possession, again charging him with possession with intent to distribute 50 grams or more of actual methamphetamine, but this time in case number 2:13-cr-6040-EFS (“Case No. 6040”). Still, Mr. Milton remained in state custody. … In October 2014, pursuant to a plea agreement, Mr. Milton entered a guilty plea in Case No. 6035 as well as Case No. 6040. … Consistent with the terms of the plea agreement, neither party requested a departure, and they jointly recommended the bottom of the Guidelines range: 151 months. Even so, the Court found a downward variance was warranted and sentenced Mr. Milton outside of the advisory Guidelines system, arriving at a sentence of 127 months' imprisonment in each case. Additionally, and again consistent with the plea agreement, the parties jointly recommended that Mr. Milton's federal sentences run concurrently “to the state court case,” specifically identifying the state-court sentence resulting from the 2011 Drug Sale. The transcript from the April 2015 sentencing hearing shows that all in attendance believed that Mr. Milton had time remaining on his state-court sentence for the 2011 Offense and that he would therefore be returned to state custody after sentencing to serve out his remaining state-court term. … Unbeknownst to the parties or the Court at the time, however, as of November of 2014, Mr. Milton had already completed his 30-month state-court sentence. Thus, when the Court sentenced Mr. Milton in April 2015, there was no longer any state-court sentence with which the federal sentences could run concurrently. The Bureau of Prisons (BOP) has given Mr. Milton credit for the following periods spent in custody:
• August 2, 2012, to August 27, 2012. These 25 days reflect the time spent in state custody on the dismissed state charge for the 2012 Drug Possession. • March 7, 2013, to March 18, 2013. These 11 days reflect the time spent in state custody on the dismissed state charge for the 2013 Drug Possession. • November 9, 2014, to April 21, 2015. These 163 days reflect the time spent in federal custody after the state-court sentence was fully satisfied and before Mr. Milton's sentencing in the instant cases.
Thus, the BOP has not credited Mr. Milton for any time spent in custody between March 19, 2013, and November 8, 2014. He now asks that the Court reduce his sentence such that he would effectively receive credit for those 600 days. … The Court sympathizes with Mr. Milton's situation. At his request, his sentencing hearing was delayed more than once. Yet, given the nature of concurrent sentences, an earlier sentencing hearing before this Court would have resulted in an overall earlier release date. And, although the Court would have likely still been unable to credit him for time already served on his state-court sentence, the parties might have sought an earlier sentencing date had they realized that, under the BOP's calculations, every day that Mr. Milton remained unsentenced was—as a practical matter—another day added to his sentence. The Court finds Mr. Milton's situation to be sufficiently extraordinary to warrant a moderate sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i). … The Court finds that Mr. Milton has presented sufficiently extraordinary and compelling reasons to warrant a sentence reduction from 127 months to a new term of 120 months. The Court similarly finds the applicable § 3553 factors support the same. The Court therefore grants Mr. Milton's motion in part, and an amended judgment will be entered.”
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.
Job Posting: The Equitable Justice Network, a 501(c)(3) charitable organization, is looking for an executive director. Details here. In short, the Equitable Justice Network (EJN) focuses on essential Criminal Justice Reform efforts in the specific areas of; clemency and compassionate release, humanitarian advocacy efforts (medical advocacy) and legislative advocacy (Federal and State); exit ramps from prison. The Executive Director will have overall strategic and operational responsibility for EJN’s staff, programs, development/fundraising, expansion, and execution of its mission. Any interested applicants can reach out to aviva@aleph-institute.org.