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January 18, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 88 BOP facilities and 12 RRCs

Currently positive-testing inmates: 165 (up from 162) Currently positive-testing staff: 266 (up from 263) Recovered inmates currently in the BOP: 46,779 (unchanged) Recovered staff: 14,815 (up from 14,808)


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

Butner Medium I FCI: 11 (unchanged)

Memphis FCI: 10 (unchanged)

Ft. Dix FCI: 9 (unchanged)


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

Central Office HQ: 60 (unchanged)

Rochester FMC: 16 (unchanged)

Brooklyn MDC: 15 (unchanged)


System-wide testing results: Presently, BOP has 145,337 federal inmates in BOP-managed institutions and 12,805 in community-based facilities. Today's stats: Completed tests: 128,640 (up from 128,637) Positive tests: 55,288 (up from 55,285)


Total vaccine doses administered: 345,560 (unchanged)


Case Note: Successful double-dip: same circumstances supporting relief under Section 404 of the FSA supports compassionate release...


In U.S. v. Jordan, No. 7-CR-19-A, 2022 WL 17831356 (W.D.N.Y. Dec. 21, 2022) (Arcara, J.), the court, after reducing defendant’s sentence pursuant to Section 404 of the FSA, considers the same factors — changes in law regarding crack-cocaine and applicability of the § 851 enhancement — and concludes further reducing the sentence to time served is appropriate given that the 404 reduction leaves defendant with less than a year to serve, explaining: “[P]ertinent to the Court's assessment of this motion is the fact that Defendant's prior, “serious drug felony” would no longer qualify as such and if sentenced today he would no longer be subject to the enhanced penalties of the CSA. … Contrary to what the Government argues (see Dkt. No. 514, pp. 5-7), this Court is not “bound” by the United States Sentencing Commission's policy statement at Guidelines § 1B1.13 and its Application Notes, which specify what reasons qualify as extraordinary and compelling under the compassionate release statute. See United States v. Brooker, 976 F.3d 228, 230 (2d Cir. 2020). … Defendant argues extraordinary and compelling circumstances warrant a reduced sentence below 240 months for largely the same reasons the Court noted above in its analysis of Defendant's Section 404 motion. To a great extent his arguments relate to changes in the law, Defendant's efforts at rehabilitation, and the support Defendant will presumably have to aid in his transition back into society. The Government vigorously opposes the motion, arguing that nothing has changed since October 2018, when the Court reduced Defendant's sentence from 300 months to 254 months. … Briefly, the Court finds that Defendant has presented extraordinary and compelling reasons for compassionate release. Defendant has laid out reasons for his release in addition to his rehabilitation, which include the developments in the law concerning crack cocaine offenses and what predicate offenses trigger the enhanced penalties under the CSA. As to the § 3553(a) factors, yet again, the Court appreciates the Government's position in opposition to Defendant's compassionate release motion. The Court did not reach the instant decision without first ruminating on the Government's arguments, as well as Defendant's worrisome prior history and his egregious crime of conviction. Even so, in light of the totality of the circumstances before the Court, the Court finds that release is appropriate. … Defendant's current release date remains December 22, 2024, which is two years from now. Taking into account the 14-month reduction granted pursuant to Section 404, if the Court further reduces Defendant's sentence to time served pursuant to his compassionate release motion that reduction amounts to less than one year. In the context of a 254-month (now 240-month) sentence, the Court finds that this is a modest reduction and therefore appropriate under the circumstances. … Moreover, any concerns of dangerousness are mitigated by the fact that the Court has determined that the previously ordered 10-year aggregate term of supervised release shall remain as originally imposed.”


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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