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February 7, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 5,581 (down from 5,588) Currently positive-testing staff: 2,057 (down from 2,087) Recovered inmates: 50,098 (down from 50,104) Recovered staff: 10,094 (up from 10,033)


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

Oakdale FCI: 397 (unchanged)

Yazoo City USP: 277 (up from 223)

Lompoc USC: 223

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

El Reno FCI: 62 (unchanged)

Pollock USP: 62 (unchanged)

Central Office HQ: 55 (down from 56)

System-wide testing results: Presently, BOP has 134,742 federal inmates in BOP-managed institutions and 11,668 in community-based facilities. Today's stats: Completed tests: 129,251 (down from 129,264) Positive tests: 55,347 (down from 55,360)


Total vaccine doses administered: 292,819 (unchanged)


Case Note: Compassionate release granted notwithstanding inmate's refusal to vax...


In U.S. v. SAVINO DAVILA, 2022 WL 305389 (D. Kan. Feb. 2, 2022) (Vratil, J.), the court concluded that inmate's pre-diabetes and rehabilitation warrant release, even though defendant refused be vaccinated, explaining: "On June 27, 2011, the Court sentenced defendant to 360 months in prison. On February 9, 2015, under 18 U.S.C. § 3582(c)(2) and sentencing Amendment 782, the Court reduced defendant's sentence to 292 months. … Defendant states that because of pre-diabetes, he is at high risk of severe illness or death if he contracts COVID-19. With good time credit, defendant's projected release date is January 5, 2027. Defendant asks the Court to grant compassionate release based on his health condition, ineffective assistance of counsel at sentencing and post-sentencing rehabilitation. …As to defendant's pre-diabetes, the government concedes that defendant “may have established extraordinary and compelling reasons pursuant [to] CDC and/or DOJ guidelines allowing for compassionate release.” Even so, the government argues that because defendant recovered from a COVID-19 infection in June of 2020 and he refuses to be vaccinated, his medical condition does not establish extraordinary and compelling reasons for release. Seeid. at 17. The Court need not address whether defendant's pre-diabetes by itself warrants a reduced sentence because he has established that his medical condition and successful rehabilitation together establish extraordinary and compelling reasons for release. … Here, defendant's rehabilitative efforts have been remarkable. Since his incarceration, defendant has no disciplinary infractions. By all accounts, he has been a model inmate. He has participated in a variety of classes, work assignments, recreational activities and volunteer activities. Defendant has submitted letters of recommendation from eight BOP employees or contractors who either supervise or interact with him on a routine basis. Defendant's work supervisor of seven years in food services expresses that he “always” has a positive attitude, has grown in love and kindness to others and would be a great candidate for early release. A BOP officer, who states that he believes defendant is not a danger to the public and would be a great candidate for release, notes that in some eight years, he has never seen defendant act disrespectfully to staff or inmates.…The government's response does not address defendant's eight letters of recommendation or offer any argument to refute his successful rehabilitation efforts. In nearly three decades of reviewing post-conviction requests from federal inmates in a variety of contexts, the Court cannot recall that prison personnel have ever expressed such enthusiastic and broad support for an inmate's release. In these circumstances, defendant's current medical condition, the COVID-19 pandemic and his remarkable rehabilitative efforts collectively establish extraordinary and compelling reasons for release. …The government argues that after balancing the Section 3553(a) factors, the Court should deny release. Defendant committed a significant drug trafficking offense and has a history of criminal offenses. Indeed, as the government notes, defendant's criminal history started at age 11 and includes attempted indecent liberties, disorderly conduct, theft, assault and possession of cocaine—all by the age of 16. Defendant certainly had a troubled criminal past from age 11 through his conviction in this case at age 30. That troubled past makes defendant's rehabilitation efforts, described above, all the more remarkable.”


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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