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February 9, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 4,779 (up from 4,776) Currently positive-testing staff: 1,987 (down from 1,996) Recovered inmates: 51,228 (unchanged) Recovered staff: 10,286 (up from 10,234)


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

Oakdale II FCI: 298 (unchanged)

Yazoo City USP: 222 (unchanged)

Oakdale I FCI: 216 (unchanged)

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

El Reno FCI: 63 (unchanged)

Pollock USP: 62 (unchanged)

Central Office HQ: 55 (down from 56)

System-wide testing results: Presently, BOP has 134,542 federal inmates in BOP-managed institutions and 11,527 in community-based facilities. Today's stats: Completed tests: 129,254 (up from 129,251) Positive tests: 55,350 (up from 55,347)


Total vaccine doses administered: 295,151 (up from 294,398)


Case Note: Defendant's belated decision to get the vaccine undercuts his expressed fears of COVID-19 infection...


In U.S. v. Redhwan Saleh, 2022 WL 356756 (S.D.N.Y. Feb. 7, 2022) (Carter, J.), the court found that defendant's belated decision to get the vaccine undercuts his expressed fears COVID-19 of infection, explaining: "Mr. Saleh's medical conditions do not constitute “extraordinary and compelling reasons” to reduce his sentence or release him. While the Court acknowledges that his medical conditions should not be minimized and takes seriously the threat that the COVID-19 pandemic poses, he is only 40 years old, and there have been advances in the treatment of COVID-19, including three different vaccines. Until after the filing of this motion, Mr. Saleh had refused to accept a vaccine, which could provide protection for him against developing severe symptoms from contracting COVID-19, from his facility. His reply brief represents that he obtained his first dose of the Pfizer vaccine on January 19, 2022. Though he has recently begun the process of becoming fully vaccinated as defined by the Centers for Disease Control (CDC), his refusal up to this point “to take the vaccine belies not only his fear of developing serious complications from COVID-19, but also his concern that the facility cannot protect his health as it relates to COVID-19.” United States v. Ordonez, No. 13 Cr. 811 (ALC), Doc. No. 765 at 3 (S.D.N.Y. Mar. 8, 2021). Mr. Saleh “cannot reasonably claim that his increased risk exposure to COVID-19 warrants a sentence reduction when [for this length of time] he has declined to take the one action that—incarcerated or not—would materially reduce the risks to him from COVID-19.” United States v. Marquis Wright, No. 15 CR. 445-3 (PAE), 2022 WL 134870, at *6 (S.D.N.Y. Jan. 13, 2022). Additionally, Mr. Saleh has already contracted COVID-19 and there is no evidence that he experienced any symptoms, severe or otherwise, or that he sustained any complications during or following his prior infection.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced the death of inmate Rocky Joe Miller, 69 of FCI Victorville I, on January 30, 2022, bringing the number COVID-related inmate deaths to 285. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.


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