Please ensure Javascript is enabled for purposes of website accessibility
 
Search

February 3, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 5,771 (down from 7,738) Currently positive-testing staff: 2,032 (up from 1,996) Recovered inmates: 49,813 (up from 47,211) Recovered staff: 9,091 (down from 9,793)


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

Yazoo City Medium FCI: 342 (down from 475)

Oakdale FCI: 494 (494)

Yazoo City USP: 259 (down from 267)

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

El Reno FCI: 61 (unchanged)

Pollock USP: 60 (up from 55)

Central Office HQ: 58 (up from 57)

System-wide testing results: Presently, BOP has 134,773 federal inmates in BOP-managed institutions and 11,644 in community-based facilities. Today's stats: Completed tests: 129,349 (up from 129,058) Positive tests: 55,250 (up from 54,419)


Total vaccine doses administered: 292,229 (unchanged)


Case Note: Change in law, plus erroneous finding at time defendant was convicted, that his earlier juvenile offender adjudication was a “prior conviction for a felony drug offense,” justify reduction of life sentence to 30 years...


In U.S. v. ANDRE IVORY, 2022 WL 293244 (D. Kan. Feb. 1, 2022) (Vratil, J.), the court reduced a lifer's sentence reduced to 30 years, citing the non-retroactive change in law, which in 2004 resulted a life sentence for crimes defendant committed when he was 14, explaining: "After defendant pled guilty to multiple counts of distributing and possessing with intent to distribute cocaine base (Counts 2 through 7), a jury found him guilty of conspiracy to kill a federal witness (Count 8), attempted murder of a witness (Count 10) and discharge of a firearm during the commission of a crime of violence (Count 11). … On October 22, 2005, pursuant to 21 U.S.C. § 851, the government filed an Enhancement Information (Doc. #310) to establish defendant's prior drug felony conviction in Wyandotte County (Kansas) District Court, Juvenile Division, Case No. 90-JV-1644. The filing of the information increased the statutory maximum on Counts 2 and 3 from 20 to 30 years in prison and increased the statutory maximum on Counts 4 through 7 from 40 years to life in prison. … On December 13, 2005, the jury returned a verdict which found defendant not guilty of the drug conspiracy (Count 1) but guilty of the charges related to the attempted killing of Atkins (Counts 8, 10 and 11). … On May 2, 2006, the Court sentenced defendant to a controlling term of life in prison.... Defendant argues that extraordinary and compelling reasons exist because if sentenced today, he would face no statutory minimum on Counts 2 through 7 and the statutory maximum on each of those counts would be 20 years (instead of 30 years on Counts 2 and 3, and life on Counts 4 through 7). Specifically, defendant contends that because his prior offense does not qualify as a “serious drug felony” under current law, the Court would not enhance his sentence under Section 851. … Even so, as discussed below, the Court finds that even at the time defendant was convicted, his juvenile offender adjudication did not satisfy the definition of a “prior conviction for a felony drug offense.” 18 U.S.C. § 841(b)(1)(C) (same language in pre-2018 version of subsections (A) and (B)). … Under current law, if the Court had sustained an objection to the Section 851 enhancement, defendant would face no statutory minimum and a maximum of 20 years on each of counts 4 through 7. … The government notes that defendant has not taken responsibility for overseeing the effort to kill a witness. Even so, the government does not dispute defendant's progress toward rehabilitation. The government agrees that defendant has taken advantage of various educational courses and notes that he has made payments toward his restitution obligations and special assessments. In these circumstances, the Court finds that defendant's rehabilitation, the fact that his prior juvenile offender adjudication does not qualify as a conviction for a drug felony offense, the changes in the statutory ranges on Counts 2 through 7 which have decreased the statutory maximum on each of those counts and eliminated the statutory minimum of life on Counts 4 through 7, and the one-level decrease in defendant's total offense level collectively constitute extraordinary and compelling reasons for a reduced sentence.”


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.



16 views0 comments