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February 7, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 83 BOP facilities and 10 RRCs

Currently positive-testing inmates: 122 (up from 114) Currently positive-testing staff: 120 (up from 117) Recovered inmates currently in the BOP: 46,337 (down from 46,384) Recovered staff: 15,054 (up from 15,040)


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

Yazoo City Medium FCI: 9 (unchanged)

Canaan USP: 6

Ashland FCI: 5 (unchanged)



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

Three Rivers FCI: 7 (unchanged)

Carswell FMC: 5 (unchanged)

Houston FDC: 5 (unchanged)


System-wide testing results: Presently, BOP has 145,752 federal inmates in BOP-managed institutions and 12,866 in community-based facilities. Today's stats: Completed tests: 128,646 (up from 128,642) Positive tests: 55,294 (up from 55,290)


Total vaccine doses administered: 347,222 (up from 347,206)


Case Note: Court finds that defendant's transfer to RRM does not moot CR motion based on his and his adoptive mother's medical needs, and grants motion...


In U.S. v. Dixon, No. CR 13-302 (JRT/JJK), 2023 WL 1477836 (D. Minn. Feb. 2, 2023) (Tunheim, J.), the court found that defendant's transfer to RRM does not moot compassionate release motion based on defendant's inability to receive adequate medical treatment for serious medical conditions and his adoptive-mother’s need for care, and grants motion, explaining: "As a preliminary matter, the Court has considered the United States’ letter and finds that Dixon's motion for compassionate release is not moot. Dixon in part argues that compassionate release is warranted so he can care for his adoptive mother, who lives in Illinois. Dixon is currently at Minneapolis RRM in Minnesota—not near his mother in Chicago. Thus, his motion is not moot. The Court will therefore consider his compassionate release motion. … The Sentencing Guidelines indicate that extraordinary and compelling reasons exist if a defendant is suffering from a serious physical or medical condition that “substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.” U.S.S.G. § 1B1.13 cmt. n.1(A). Here, Dixon's medical ailments constitutes extraordinary and compelling circumstances. He sought treatment while incarcerated, but many of those treatments have been ineffective and he is unable to properly manage his pain. Therefore, his health conditions constitute extraordinary and compelling circumstances warranting compassionate release. Even though Dixon has transitioned to Minneapolis RRM and presumably has more extensive access to medical resources than he did while in prison, his family circumstances still constitute an extraordinary and compelling circumstance warranting his early release. See United States v. Loggins, 966 F.3d 891, 892 (8th Cir. 2020) (noting that commentary to the Sentencing Guidelines lists family circumstances as potentially “extraordinary and compelling” circumstances for compassionate release). The Sentencing Commission explains that family circumstances may constitute an extraordinary or compelling reasons when the defendant is the only available caretaker for an incapacitated close family member. E.g., U.S.S.G. § 1B1.13 cmt. n.1(C). … Here, Dixon has shown that his mother is incapacitated and he is the only one who can care for her. Dixon's adoptive mother is 87 years old and suffers from diabetes, chronic obstructive pulmonary disease, and hypertension. (Def.’s Mot. Compassionate Release, Ex. H, at 345–46, Nov. 8, 2022, Docket No. 74.) She has “great difficulty completing basic household tasks such as cooking, cleaning, and laundry.” (Id. at 345.) Her daughters do not live near her and are unable to care for her, and she is largely confined to a wheelchair. (Id.) Accordingly, the Court finds Dixon's family circumstances to be extraordinary and compelling and justify his early release. … The § 3553(a) sentencing factors weigh in favor of Dixon's compassionate release. Dixon has already served ninety-three percent of his sentence with good time credit, so there will not be any unwarranted sentencing disparities. Further, Dixon has had minimal disciplinary issues, which suggests he will not be a danger to the public.”



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.

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