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February 17, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 66 BOP facilities and 6 RRCs

Currently positive-testing inmates: 213 (up from 203) Currently positive-testing staff: 63 (down from 79) Recovered inmates currently in the BOP: 45,765 (down from 45,945) Recovered staff: 15,142 (up from 15,125)


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

Carswell FMC: 32 (up from 21)

Fort Dix FCI: 19 (down from 20)

Montgomery FPC: 15 (up from 14)


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

Devens FMC: 11 (unchanged)

Carswell FMC: 7 (unchanged)

Terminal Island FCI: 5


System-wide testing results: Presently, BOP has 144,949 federal inmates in BOP-managed institutions and 12,751 in community-based facilities. Today's stats: Completed tests: 128,652 (unchanged) Positive tests: 55,300 (unchanged)


Total vaccine doses administered: 347,916 (up from 347,664)


Case Note: 360-month sentence reduced to 161-months -- time served -- as defendant would no longer be deemed a career offender...


In U.S. v. Caldwell, No. 2:03-CR-325-DAK, 2023 WL 1971446 (D. Utah Feb. 13, 2023) (Kimball, J.), the court agrees that, today, defendant would not a career offender, resulting in 200 month reduction in the guideline range, which, also today, under Booker, would not be mandatory and so because the court grants defendant's § 3582 motion and sentences him towards the bottom of the guidelines, which is time served, explaining: "Defendant has two related underlying criminal cases based on a Utah bank robbery and a California bank robbery. … Defendant's total sentence was 360 months of incarceration. The Pre-Sentence Reports completed for Defendants two cases designated Defendant as a career offender. That guideline increased his criminal history to Category VI and impacted his mandatory guideline ranges. At the time of sentencing, this designation of Defendant as a career offender was correct. Defendant had a prior federal robbery conviction that counted as a career offender predicate. Defendant also had a prior California state law conviction for “burglary of a dwelling” that qualified as a predicate offense under United States Sentencing Guideline § 4B1.2 (2003). The court sentenced Defendant at the lowest level for each mandatory guideline. A year after the court sentenced Defendant, the guidelines became advisory rather than mandatory. United States v. Booker, 543 U.S. 220 (2005). In 2013, the Supreme Court held that burglary under California law does not qualify as a violent felony under the categorical approach. Descamps v. United States, 570 U.S. 254, 277 (2013). To the extent that burglary could have been considered a predicate offense based on the residual clause, the residual clause was deemed unconstitutionally vague in Johnson v. United States, 135 S. Ct. 2551 (2015). In 2016, the U.S. Sentencing Commission removed burglary from the list of career offender predicates. U.S.S.G. App. C, amend. 798. Under current law, Defendant would not qualify as a career offender. His guideline range would be 161-180 months for both robberies. Defendant would have an adjusted offense level of 22, which would be increased by 2 units under U.S.S.G. § 3D1.4 grouping. With the same level reduction for acceptance of responsibility that Defendant previously received, minus three units, his total offense level is 21. Therefore, his guideline range would be 77-96 months, plus a minimum mandatory 84 months for the brandishing charge under § 924(c), which totals 161-180 months. Given that this court routinely sentences at the low end of the guideline range, this court would sentence Defendant to 161 months if it sentenced him today. Basically 200 months less than his actual sentence from 2003. Defendant is approaching 20 years of incarceration for crimes he would be sentenced to 13.4 years under the current sentencing regime. And that 13.4 year sentence would be a “straight up” sentence that did not involve anything shaved off for entering into a voluntary plea. … Defendant argues that there are extraordinary and compelling reasons for a reduction in his sentence based on a change in the law with respect to his career offender status and mandatory guideline requirements. … In this case, Defendant similarly asserts that a combination of factors presents extraordinary and compelling circumstances for a sentence reduction, and the court agrees. … As in Maumau, however, there must be something other than just the sentencing disparity that makes a case extraordinary and compelling. Defendant points to his abusive childhood, his history of untreated mental health problems, his family support, his faith, and his extensive rehabilitation programing during incarceration. All these factors combined with the change in sentence length work together to support a reduction in Defendant's sentence. … Although Defendant seeks immediate release, the court believes that Defendant should be released ninety days from the date of this Order. Twenty years of incarceration is substantial, and Defendant will need some time mentally to prepare for implementing his release plans. The court believes that release in ninety days from the date of this Order allows BOP to plan for Defendant's release in an orderly fashion and gives Defendant the opportunity to plan as well.”)



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 312. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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