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February 2, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 7,738 (up from 7,734) Currently positive-testing staff: 1,996 (down from 1,999) Recovered inmates: 47,211 (unchanged) Recovered staff: 9,793 (up from 9,710)


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

Oakdale FCI: 494 (unchanged)

Yazoo City Medium FCI: 475 (unchanged)

Yazoo City USP: 267 (unchanged)

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

El Reno FCI: 61 (unchanged)

Central Office HQ: 57 (up from 55)

Pollock USP: 55

System-wide testing results: Presently, BOP has 134,896 federal inmates in BOP-managed institutions and 11,698in community-based facilities. Today's stats: Completed tests: 129,058 (up from 129,054) Positive tests: 54,419 (up from 54,415)


Total vaccine doses administered: 292,229 (up from 291,330)


Case Note: With government's agreement, defendant, who would no longer be subject to § 851 enhancement if sentenced today, is granted compassionate release...


In U.S. v. Patrick Lee Price, 2022 WL 278766 (D. Kan. Jan. 31, 2022) (Robinson, J.), the court grants compassionate release with the Government's agreement that defendant, who would not be subject to a § 851 enhancement if sentenced today is a proper candidate for release, explaining: "The government now does not oppose the request and agrees the defendant is a proper candidate for immediate release from the Bureau of Prisons. Mr. Price moves for a sentence reduction under§ 3582(c)(1)(A) on a combination of grounds, including the elimination of the21 U.S.C. § 851 statutory enhancement that drove his 300-month sentence, his worsening medical condition, the length of time he has served, his age, and his rehabilitation. …The government filed a notice under § 851 that his sentence on Count 5 would be enhanced under 21 U.S.C. § 851 because he had a prior “felony drug offense.” Docs. 14, 15, 22, 52, at 3-4; PSR ¶ 87. The mandatory minimum for that conviction was raised to 20 years as a result. … Mr. Price would no longer receive any § 851 enhancement. The enhancement was based on Mr. Price's 2001 Kansas conviction for attempting possession of marijuana with intent to sell in Wyandotte County Case No. 01CR805. Doc. 15. In that case, Mr. Price received a sentence of 9 months’ imprisonment, suspended for a probationary sentence. … After the First Step Act, prior offenses qualify as a “serious drug felony”— and thus enhance the mandatory minimum—only if a person actually “served a term of imprisonment of more than 12 months” for the prior conviction. Because Mr. Price did not serve a term of imprisonment at all for his prior Kansas drug offense, he would not qualify for any § 851-enhanced sentence after the First Step Act. Instead, he would face only the 10-year mandatory minimum under § 841(b)(1)(A)(viii). Further, without the now-inapplicable enhanced 20-year mandatory minimum, Mr. Price would also have been eligible for a 2-level reduction under 18 U.S.C. § 3582(c)(2) and Amendment 782 to the guidelines. After Amendment 782, he would receive a reduced base offense level of 32 (rather than 34), USSG § 2D1.1(c)(4) & comment. n.8(D), and a total offense level of 29. See PSR ¶¶ 35-45. With a criminal history category of I, Mr. Price's guidelines range on Count 5 would now be 87-108 months, plus the 60-month sentence for the § 924(c) conviction. … The disparity between the sentence he received and the much lower sentence he would face now is one extraordinary and compelling reason for a reduction. … Mr. Price is 58 years old, and has served more than 11 years in prison. This case was Mr. Price's first sentence of any prison time. He had previously served only a 30-day jail sentence. His recent conduct and records demonstrate his rehabilitation.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related deaths, leaving total inmate fatalities at 284. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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