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February 28, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 785 (down from 1,253) Currently positive-testing staff: 864 (down from 1,019) Recovered inmates: 54,443 (up from 54,320) Recovered staff: 11,713 (up from 11,537)


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

Oakdale I FCI: 149 (down from 156)

Seagoville FCI: 76

Rochester FMC: 74 (down from 84)

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

Florence ADMAX: 52 (unchanged)

Florence High USP: 37 (unchanged)

Florida FCI: 37

System-wide testing results: Presently, BOP has 134,151 federal inmates in BOP-managed institutions and 12,433 in community-based facilities. Today's stats: Completed tests: 128,886 (down from 128, 895)) Positive tests: 55,534 (down from 55,543)


Total vaccine doses administered: 300,577 (up from 298,982)


Case Note: Different facts = different outcomes...


In U.S. v. CAMERON ONEIL ANDERSON, 2022 WL 542538 (D.S.C. Feb. 23, 2022) (Lewis, J.), the court opined that release of defendant's co-d did not guarantee a similar outcome for defendant, explaining: "Anderson also notes this Court previously granted one of his codefendant's, Rogers, motion for compassionate release based on the Fourth Circuit's analysis and holding in McCoy. See United States v. Vincent Shamont Rogers, 7:08-cr-0216-MGL (D.S.C. Aug. 10, 2021) (Rogers Order). Anderson is correct: this Court did grant Rogers's motion for compassionate release, but the facts and circumstances of Anderson's motion greatly differ from Rogers’s. By way of background, a Grand Jury indicted Rogers on three counts of Hobbs Act extortion and robbery in violation of 18 U.S.C. § 1915(a) (Counts One, Three, and Five), and three counts of knowingly using and carrying a firearm during and in relation to, and possession of the firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) and 2 (Counts Two, Four, and Six). On July 15, 2008, a jury found Rogers guilty on all six counts. The Court sentenced Rogers to 730 months of incarceration. This term of imprisonment consisted of forty-six months as to Counts One, Three, and Five, eighty-four months consecutive as to Count Two, three-hundred months consecutive as to Count Four, and three-hundred months consecutive as to Count Six. The Court, on August 6, 2014, granted Rogers's Section 2255 motion and vacated his sentence. After this Court granted Rogers's Section 2255 motion and vacated his sentence, he “pled guilty to Counts One, Two, Three, and Five of the indictment pursuant to a binding three-hundred-month plea agreement under Rule 11(c)(1)(C).” Rogers Order at 2. Thus, under Rogers's new plea agreement, he “pled guilty to a single count under [Section] 924(c), and therefore was not subject to the enhancement for multiple [gun] violations[.]” Id. at 5–6. This Court ultimately granted Rogers's motion for compassionate release because he had already served a period of time greater than the high end of the guideline range if he were resentenced for the same crimes. See id. at 6–7 (noting how “at the high end of the guideline range, [a sentence of] seventy-one months [for the Hobbs Act offenses], plus eighty-four months for a single [Section] 924(c) offense, would yield a total of 155 months” and Rogers had served approximately 156 months at the time of the order's issuance.”). In Anderson's case, however, if resentenced today, his sentence would be ten years longer than it currently stands due to his four Section 924(c) counts, a factual scenario quite different than his codefendant Rogers.”


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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