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


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 87 BOP facilities and 10 RRCs

Currently positive-testing inmates: 125 (down from 165) Currently positive-testing staff: 268 (up from 266) Recovered inmates currently in the BOP: 46,765 (down from 46,779 ) Recovered staff: 14,815 (unchanged)


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

Butner Medium I FCI: 12 (up from 11)

Ft. Dix FCI: 10 (up from 9)

Lompoc USP: 8


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 145,333 federal inmates in BOP-managed institutions and 12,883 in community-based facilities. Today's stats: Completed tests: 128,641 (up from 128,640) Positive tests: 55,289 (up from 55,288)


Total vaccine doses administered: 345,625 (up from 345,560)


Case Note: Stacked 257-month § 924(c) component of defendant's total 260-month sentence reduced to 77 years, but no less...


In U.S. v. Hamilton, No. CR1600268001PHXJJT, 2023 WL 183671 (D. Ariz. Jan. 13, 2023) (Tuchi, J.), the court agrees it is extraordinary and compelling that the stacked 257-month § 924(c) component of defendant's total 260-month sentence would today require a minimum of only 77 years, and agrees to reduce the sentence to 77 years but no less, concerned about creating unwarranted sentencing disparities, explaining: “[I]f Defendant were sentenced after the effective date of the FSA, the second through eleventh counts of conviction under Section 924(c) would not have been committed “after a prior 924(c) conviction had become final,” and thus would each carry a minimum sentence of only 7 years, rather than 25 years, though they all still would run consecutively to each other. See 18 U.S.C. § 924(c)(1)(D)(ii). The change would result in a total minimum sentence of 77 years for the eleven Section 924(c) violations, rather than 257 years. … Thus the Court here may consider whether the FSA's changes to the Section 924(c) sentencing provisions, in combination with other factors particular to Defendant Hamilton, constitute extraordinary and compelling reasons. And upon that consideration, the Court concludes that such extraordinary and compelling reasons do exist here. … Those factors that militate toward a lengthier sentence are still satisfied if the sentence is reduced according to the new mandatory minimum sentences for Section 924(c) offenses established under the FSA, and the factors militating toward a reduction are addressed. … [T]he Court here finds a reduced sentence to the newly adjusted statutory minimums of seven years per count of conviction under Section 924(c) cognizably addresses the sentencing factor requiring the Court to avoid unwarranted sentencing disparities. The Court originally imposed 257 years in the aggregate for Defendant's eleven Section 924(c) convictions, representing Section 924(c)’s mandate that the first count with the brandishing finding mandated a seven-year sentence, and each of the subsequent ten counts mandated an additional 25 years. As modified by the FSA, Section 924(c) still requires consecutive sentences for each count of conviction under it, but because Defendant had no Section 924(c) conviction which had become final at the time of the other convictions, the statute only requires a seven-year sentence for each count, for a total of seventy-seven years. … In making the request for a time-served sentence here, counsel has ignored the above Congressionally-imposed mandatory minimums in his briefing. … Defendant has provided no law, nor could the Court find any on its own, holding or even suggesting that a district court in evaluating a motion for reduction of sentence or early release pursuant to Section 3582(c)(1)(A) can ignore Congressionally imposed mandatory minimum or mandatory consecutive sentences and reduce a sentence below same. Another way to frame the analysis of this issue is that the “extraordinary and compelling reason” for reducing Defendant's sentence to avoid unwarranted discrepancies with post-FSA sentences extends no further than a reduction to the sentence Defendant would have received had he been sentenced post-FSA. To reduce his sentence any further than that would in fact create unwarranted disparities in the opposite direction, imposing a more lenient sentence than similarly situated defendants facing sentencing post-FSA can now receive. … Moreover, granting the relief Defendant has requested here would create the impermissible result that any defendant receiving a statutory minimum sentence could simply return to the court a year, a week or a day after finality of that judgment and seek a further reduction below the statutory minimum to a sentence the court could not previously have imposed under law. For this obvious reason the Court cannot reduce Defendant's sentence for the eleven Section 924(c) counts pursuant to Section 3582(c)(1)(A) to less than 77 years, which reduction it does make.”


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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