Please ensure Javascript is enabled for purposes of website accessibility
 
Search

January 24, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 9,531 (up from 9,020) Currently positive-testing staff: 1,570 (up from 1,432) Recovered inmates: 44,222 (up from 43,427) Recovered staff: 9,381 (up from 9,354)


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

Yazoo City Medium FCI: 682 (up from 664)

Oakdale FCI: 369

Carswell FMC: 318 (up from 316)

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

Central Office HQ: 48 (up from 47)

Pollock USP: 45 (unchanged)

Carswell FMC: 44 (unchanged)

System-wide testing results: Presently, BOP has 134,783 federal inmates in BOP-managed institutions and 11,682 in community-based facilities. Today's stats: Completed tests: 129,670 (up from 129,484) Positive tests: 53,391 (up from 52,081)


Total vaccine doses administered: 288,262 (up from 287,681)


Case Note: Defendant becomes eligible for compassionate release after being paroled on "old law" offense...


In U.S. v. MELVIN MAYES, 2022 WL 159672 (N.D. Ill. Jan. 18, 2022) (Pallmeyer, J.), the court found that, although one defendant's three life sentences rendered him ineligible for release because the underlying conduct occurred prior to November 1, 1987, he was granted parole for that sentence, and so the court, granting defendant's § 3582 motion, reduced his two remaining life sentences to time served, explaining: "Defendant Melvin Mayes was convicted for various crimes related to his membership in the El Rukn street gang, and sentenced in 1988 to three concurrent life sentences. Now, citing his severe chronic obstructive pulmonary disease (COPD), Mayes seeks compassionate release under 18 U.S.C. §3582(c)(1)(A). The court grants his request. Mayes was apprehended by law enforcement in 1995, convicted at a jury trial in 1996, and sentenced in 1998. (Gov't's Resp. [6057] at 1–3.) In addition to receiving a 60-month sentence for a murder conspiracy and another 60 months for travel to commit murder, Mayes received three life sentences: one for a RICO conspiracy, another for a narcotics conspiracy, and a third on a separate charge of travel to commit murder. (Id.) Mayes originally filed this compassionate release motion on August 2, 2020. (See Def.'s Memo. in Support of His Motion [6043] (hereinafter “Def.'s Mot.”).) Because the crime underlying Mayes's third life sentence had been committed before November 1, 1987 (i.e., it was an “old law” sentence), this court determined that it lacked the statutory authority to grant compassionate release unless the Bureau of Prisons requested it. See United States v. Mayes, No. 89 CR 908-28, 2021 WL 2312565, at *2 (N.D. Ill. June 7, 2021)(explaining that Mayes's old-law sentence was governed by 18 U.S.C. § 4205(g)rather than by 18U.S.C. §3582(c)(1)(A)); see also United States v. Jackson, 991 F.3d 851, 852–54 (7th Cir. 2021)). However, the court left open the possibility that it could nevertheless order compassionate release under 18 U.S.C. §3582(c)(1)(A) as to Mayes's first and second life sentences (i.e., “new law” sentences for which the underlying conspiracies did not conclude until after November 1, 1987). Mayes, 2021 WL 2312565, at *4. The court therefore reserved ruling on the new-law issue and invited supplemental briefing. … The court need not revisit its earlier decision, however, because new circumstances have rendered it moot. Mayes explained in a recent filing that the Parole Commission granted him parole on the old-law sentence sometime last year. (See Def.'s Supp. Submission [6778] (hereinafter “Def.'s Second Supp.”) at 1–2.) Thus, the only sentences for which Mayes is currently incarcerated are the two new-law sentences. (Id.) Because this means that Mayes's motion for compassionate release is governed solely by 18 U.S.C. §3582(c)(1)(A), the court can reach the merits of his request even without the Bureau of Prisons endorsing it. … Mayes, who is now 64 years old, asks the court for compassionate release based on his “severe, end-stage” COPD. … Mayes suffers from “chronic hypercapnic and hypoxemic respiratory failure,” and he requires supplemental oxygen around the clock, usually from either a nasal tube or a ventilator machine. (Dr. Malec Report at 1; see also Def.'s Mot. at 2.) He experiences chronic shortness of breath (or “air hunger”), relies on an electric wheelchair for mobility, and evidently requires nursing assistance for many activities of daily life. (Dr. Malec Report at 1–2; Def.'s Mot. at 2.) In May 2019, a doctor in the Bureau of Prisons stated that patients in Mayes's condition “cannot be expected to live longer than a year and a half.” … Considering the factors set forth in 18 U.S.C. § 3553(a) as well as the guidance of U.S.S.G. § 1B1.13, the court finds that Mayes's severe COPD is an “extraordinary and compelling” circumstance that favors compassionate release. Mayes's terminal illness defines his day-to-day life. He can no longer care for himself independently and has no realistic prospect of recovery. … It is also worth noting that Mayes has assembled a satisfactory, even if not perfect, record in custody. (Def.'s Mot. at 4–5; see also Ex. D to Def.'s Mot. [6049-4] at 1–2.) For example, Mayes has received only four disciplinary infractions in approximately 27 years, the first of which was in 1995 and the last of which (for possession of an unauthorized item) occurred more than three years ago. … Although the crimes for which Mayes was convicted were abhorrent, he has now been in custody for approximately 27 years—a significant stretch of time for the purposes of both punishment and general deterrence.See id. § 3553(a)(1), (2)(A)–(B). Given Mayes's health status, granting him compassionate release would not undermine the rule of law or create any doubt about the seriousness of his offenses.See§ 3553(a)(2)(A).”)


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related deaths. Inmate fatalities remain at 279. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.





25 views0 comments