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February 23, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 1,257 (up from 1,256) Currently positive-testing staff: 1,397 (up from 1,387) Recovered inmates: 54,315 (unchanged) Recovered staff: 11,128 (up from 11,093)


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

Oakdale II FCI: 170 (unchanged)

Oakdale I FCI: 156 (unchanged)

Rochester FMC: 84 (unchanged)

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

El Reno FCI: 64 (up from 63)

Pollock USP: 62 (unchanged)

Williamsburg FCI: 55 (unchanged)

System-wide testing results: Presently, BOP has 134,190 federal inmates in BOP-managed institutions and 12,147 in community-based facilities. Today's stats: Completed tests: 128,895 (up from 128,894) Positive tests: 55,543 (up from 55,542)


Total vaccine doses administered: 298,982 (unchanged)


Case Note: District court's failure to sufficiently address defendant's claim in support of compassionate release requires remand...


In U.S. v. Osman, No. 21-7150, 2022 WL 485183 (4th Cir. Feb. 17, 2022) (unpublished) (per curium), the Fourth Circuit found that the district court’s failure to address claim that defendant’s life sentence was unjust required remand, explaining: "Osman faults the district court for not addressing his claim that his life sentence for piracy is unjust in the circumstances of this case. In High, we recognized that a district court resolving a compassionate release motion in a relatively simple case need not explicitly address each argument that the defendant presses in support of early release. 997 F.3d at 188-89. We also acknowledged, however, that more complex compassionate release cases may require a more detailed explanation from the district court. Id. at 189. And we explained that our ultimate inquiry in a compassionate release case is whether the district court has provided enough explanation—in light of the particular circumstances of the case—to permit “meaningful appellate review.” Id. In these proceedings, Osman presented a detailed argument that his life sentence for piracy is unjust, but the district court failed to acknowledge it. We conclude that the district court's failure to address that argument in this relatively complex case precludes “meaningful appellate review.” Id. Accordingly, we will exercise our broad discretion to remand to the district court so that it may explicitly address Osman's challenge to his life sentence for piracy. See Chavez-Meza v. United States, 138 S. Ct. 1959, 1965-66 (2018) (recognizing appellate court's broad discretion to request additional explanation from district court when it denies sentence reduction motion). We therefore vacate the district court's opinion and order denying Osman's compassionate release motion and remand for further proceedings.”





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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