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February 11, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 4,527(down from 4,672) Currently positive-testing staff: 1,960 (down from 1,990) Recovered inmates: 51,488 (up from 51,339) Recovered staff: 10,385 (up from 10,336)


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

Oakdale II FCI: 298 (unchanged)

Yazoo City USP: 222 (unchanged)

Oakdale I FCI: 216 (unchanged)

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

El Reno FCI: 63 (unchanged)

Pollock USP: 62 (unchanged)

Central Office HQ: 56 (up from 55)

System-wide testing results: Presently, BOP has 134,411 federal inmates in BOP-managed institutions and 11,858 in community-based facilities. Today's stats: Completed tests: 129,262 (up from 129,258) Positive tests: 55,358 (up from 55,354)


Total vaccine doses administered: 295,151 (unchanged)


Case Note: Government's deferral to court is not opposition to CR application, and finding that defendant poses a continuing danger did not factor in relevant facts...


In U.S. v. JUAN ANTONIO HUNTER, Defendant - Appellant., No. 21-7424, 2022 WL 385542 (4th Cir. Feb. 8, 2022) (unpublished) (per curiam), the Fourth Circuit finds that the district court abused its discretion in interpreting Government deferring to court to mean opposing CR application, and so remands to district court, explaining, "Hunter moved for immediate compassionate release based on his many health conditions, including a Type B aortic dissection, hypertension, acute kidney injury, hypoxia, and stage three chronic kidney disease. Hunter's motion was also predicated on his particular susceptibility to serious illness should he contract COVID-19. Although the district court assumed Hunter's medical conditions constituted “extraordinary and compelling reasons” for compassionate release, 18U.S.C. §3582(c)(1)(A)(i), the court denied Hunter's motion after an assessment of the 18 U.S.C. § 3553(a) factors. … We conclude that the district court abused its discretion in denying Hunter's compassionate release motion for two reasons. First, the district court erroneously stated that the Government opposed Hunter's motion. The Government did not oppose the motion; rather, the Government deferred to the district court as to whether Hunter's early release was appropriate in light of his significant health problems. Second, the district court's ruling that Hunter still poses a danger to the community did not account for the potentially lifelong physical limitations that Hunter will experience as a result of his aortic dissection. Indeed, the district court failed to acknowledge that Hunter's violent conduct both inside and outside of prison—on which the court based its future dangerousness ruling—occurred before he suffered the aortic dissection. Accordingly, we will vacate the district court's order and remand for further proceedings. On remand, the district court should also more thoroughly assess Hunter's argument concerning his particular susceptibility to serious illness should he contract COVID-19. Although the district court acknowledged that Hunter's compassionate release motion was predicated in part on the COVID-19 pandemic, the court dismissed Hunter's reliance on the pandemic because he refused to be vaccinated. However, Hunter has represented on appeal that he received the COVID-19 vaccine after the district court entered its order.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new inmate deaths, which remain at 285. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.


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