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February 18, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 1,715 (unchanged) Currently positive-testing staff: 1,415 (down from 1,663) Recovered inmates: 54,065 unchanged) Recovered staff: 11,051 (up from 10,799)


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

Oakdale II FCI: 243 (unchanged)

Oakdale I FCI: 160 (unchanged)

Lompoc: 119 (unchanged)

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

El Reno FCI: 63 (unchanged)

Pollock USP: 62 (unchanged)

Williamsburg FCI: 55 (unchanged)

System-wide testing results: Presently, BOP has 134,318 federal inmates in BOP-managed institutions and 12,026 in community-based facilities. Today's stats: Completed tests: 128,907 (unchanged) Positive tests: 55,555 (unchanged)


Total vaccine doses administered: 297,835 (unchanged)


Case Note: Government agrees to sentence reduction to correct disparity, but at a price...


In U.S. v. ANTHONY CARLYLE THOMPSON (10), 2022 WL 473983 (D. Kan. Feb. 16, 2022) (Crabtree, J.), the court reduced defendant's sentence, observing the Government agreed that sentencing disparity between defendant and his equally culpable co-defendant whose sentence was reduced on remand warranted cutting defendant’s 360 month sentence to 121 months/time-served — if defendant waived all right to appeal and/or collaterally attack his conviction, explaining: “Mr. Thompson now has supplemented his motion (Doc. 1554), and recites that the government supports the motion. Id. at 3. The United States has confirmed as much. Mr. Thompson moves for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) on several grounds, including the now-existing sentence disparity between him and his similarly culpable codefendants, the disparity between crack and powder cocaine sentences, the length of time he has served, and his post-sentencing rehabilitation. A jury convicted Mr. Thompson of knowingly and intentionally distributing and conspiring to distribute crack cocaine. Doc. 771. He is serving a sentence of 360 months’ imprisonment followed by eight years of supervised release. … First, the court concludes that the sentence disparity among codefendants warrants a reduction. As Mr. Thompson correctly explains, he is serving, by far, the longest sentence of his 14 co-defendants in this case. Doc. 1554 at 3. Mr. Thompson is serving 360 of the 801 months of sentences imposed in this prosecution. Id. After Mr. Thompson's 360-month sentence, the next-longest sentence is that of his co-defendant, Albert Dewayne Banks. Mr. Banks served a 121-month sentence. This court previously has recognized that Mr. Thompson and Mr. Banks shared similar roles in the conspiracy, but yet a significant discrepancy between their sentences exists. Doc. 1544 at 6. The facts of this case provide no justification for Mr. Thompson to serve a longer sentence than his codefendant, Mr. Banks. The government charged both with the same drug trafficking offenses. Both went to trial on their respective charges. And, a jury convicted both defendants on all counts. The trial evidence made clear that the two were essentially equal in terms of culpability. After his resentencing, Mr. Banks received a far shorter sentence than Mr. Thompson even though they are similarly culpable. … Third, Mr. Thompson already has served almost 121 months for his criminal conduct. Mr. Thompson now has served almost the same amount of time as Mr. Banks for his similar involvement in the same drug conspiracy. The time Mr. Thompson has served is sufficient to serve the goals of incapacitation, deterrence, retribution, and rehabilitation. [fn1: The motion recites that the government's agreement to Mr. Thompson's motion is conditioned upon Mr. Thompson's willingness to waive his right to direct review of this petition and any collateral attack on his conviction. Doc. 1554 at 1 n.3. Specifically, Mr. Thompson's motion asserts that he “has authorized counsel to relate to the Court that, if the Court grants his motion and reduces his sentence to 121 months, Mr. Thompson knowingly and voluntarily waives and renounces his right to file a direct appeal of this motion or any collateral attack related to his conviction in the instant case.” Id. at 10. The government's informal correspondence confirms that it agrees with the motion's description of the parties’ agreement. The court has no stake in this apparent agreement.]”


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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