Please ensure Javascript is enabled for purposes of website accessibility
top of page
Search

February 3, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 82 BOP facilities and 14 RRCs

Currently positive-testing inmates: 112 (up from 109) Currently positive-testing staff: 113 (down from 116) Recovered inmates currently in the BOP: 46,400 (down from 46,435) Recovered staff: 15,039 (up from 15,033)


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

Houston FDC: 7 (down rom 12)

Ashland FCI: 5 (unchanged)

Atlanta USP: 5


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

Three Rivers FCI: 7 (unchanged)

Carswell FMC: 5 (unchanged)

Houston FDC: 5


System-wide testing results: Presently, BOP has 145,886 federal inmates in BOP-managed institutions and 12,992 in community-based facilities. Today's stats: Completed tests: 128,645 (unchanged) Positive tests: 55,293 (unchanged)


Total vaccine doses administered: 347,156 (up from 346,971)


News Note: District court holds (seemingly contrary to controlling 4th Cir. law) that where the warden denied inmate's CR motion within 30 days the inmate was required to fully exhaust administrative appeals...


In U.S. v. ASHLEY WAGNER, Defendant., No. 1:18-CR-47-8, 2023 WL 1116510 (N.D.W. Va. Jan. 30, 2023) (Kleeh, J.), the. district court -- in what is likely an erroneous interpretation of Fourth Circuit law (see United States v. Muhammad, 16 F.4th 126, 131 (4th Cir. 2021)) held that where the Warden rejects inmate's compassionate release request within 30 days the inmate must then fully exhaust administrative remedies, explaining: "Under federal regulations, “[w]hen an inmate's request is denied by the Warden, the inmate will receive written notice and a statement of reasons for the denial. The inmate may appeal the denial through the Administrative Remedy Procedure,” which is set forth in 28 C.F.R. § 542, subpart B. See 28 C.F.R. § 571.63(a). A denial by the BOP General Counsel or Director constitutes a final administrative decision, but a denial by the Warden does not. See id. § 571.63(b)–(c). In other words, if a warden denies a defendant's request for compassionate release, the defendant is required to appeal the decision before seeking relief from the Court. See United States v. Gomez, No. 1:17CR71-1, 2021 WL 3612269, at *2 (N.D.W. Va. Aug. 13, 2021) (Keeley, J.) (“If a request for compassionate release is denied by a Warden within 30 days of receipt, the inmate must appeal that denial to the BOP.”). Here, while Wagner started the administrative remedies process through the BOP, she did not exhaust it. The Warden denied her request but informed her of her right to appeal the decision within 20 days. Nothing in the record before the Court indicates that Wagner timely appealed the Warden's decision. Therefore, Wagner failed to exhaust her administrative remedies before filing her motion with this Court.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 312. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

22 views0 comments

Kommentare


bottom of page