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January 25, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 8,074 (down from 9,531) Currently positive-testing staff: 1,642 (up from 1,570) Recovered inmates: 45,556 (up from 44,222) Recovered staff: 9,402 (up from 9,381)


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

Yazoo City Medium FCI: 673 (down from 682)

Oakdale FCI: 369 (unchanged)

Carswell FMC: 295 (down from 318)

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

Central Office HQ: 51 (up from 48)

Pollock USP: 46 (up from 45)

Carswell FMC: 44 (unchanged)

System-wide testing results: Presently, BOP has 134,792 federal inmates in BOP-managed institutions and 11,632 in community-based facilities. Today's stats: Completed tests: 129,677 (up from 129,670) Positive tests: 53,398 (up from 53,391)


Total vaccine doses administered: 288,561 (up from 288,262)


Case Note: Denial of compassionate release remanded because district court my not have realized it could impose lower sentence pursuant to Dean v. U.S. ...


In U.S. v. GEORGE CAMPBELL, AKA ROLAND CAMPBELL, AKA RAMADAN, Defendant-Appellant., No. 20-4204-CR, 2022 WL 199954 (2d Cir. Jan. 24, 2022) (unpublished) (per curium), the court remands the denial of compassionate release upon finding that the district court may not have understood it could give defendant a shorter sentence under Dean v. U.S., explaining: "George Campbell appeals from the December 9, 2020 order of the United States District Court for the Eastern District of New York (Dearie, J.) denying his motion for a reduction of his sentence pursuant to 18U.S.C. §3582(c)(1)(A). … Campbell first argues that the district court abused its discretion by failing to deem the “unstacking” of his 18 U.S.C. § 924(c) convictions as an “extraordinary and compelling reason[ ]” for release under 18U.S.C. §3582(c)(1)(A)(i). … Campbell nonetheless contends that this change in law constitutes an extraordinary and compelling reason for a sentence reduction in his case. Campbell's counsel thus argued below that, if he were to be sentenced today, Campbell would receive a 60-year sentence due to the unstacking provisions. The district court agreed with that assessment, writing that “[a]s defendant concedes, under the new FSA regime, he would be sentenced to 60 years’ imprisonment.” App'x at 245. Because Campbell was already required to be released after 50 years under an extradition agreement between Costa Rica and the United States, the district court concluded that the unstacking of Campbell's Section 924(c) convictions would have no practical effect on his sentence. … On appeal, however, Campbell raises a new argument: that if Campbell were to be resentenced today, he could also benefit from the changes brought about by United States v. Booker, 543 U.S. 220 (2005), which made the Sentencing Guidelines advisory; and United States v. Brown, 935 F.3d 43 (2d Cir. 2019), in which we interpreted the Supreme Court's ruling in Dean v. United States, 137 S. Ct. 1170 (2017), to mean that “a sentencing judge, selecting a sentence for a predicate offense, [is] not prohibited from considering the severity of a mandatory consecutive minimum sentence, and has the discretion, but not the obligation, to consider such severity.”935 F.3d at 46. Campbell argues the impact of these cases is that the court today would be free to impose an overall term of imprisonment as low as 35 years for the seven § 924(c)convictions, and would not be required to impose any additional prison time for the underlying robbery and conspiracy convictions, none of which carry a mandatory minimum prison term. Campbell recognizes that this argument was not raised below. Where, as here, a defendant fails to raise a procedural objection at the time of sentencing, we review for plain error. … The district court did not acknowledge that it could have sentenced Campbell to as little as 35 years under the current sentencing regime, instead focusing on the 60-year sentence and finding that this sentence would have no practical impact because of the 50-year term required by the extradition treaty. As the government admits, the changes in sentencing law that Campbell cites are clear. Contrary to the government's argument, however, the district court's decision does not reflect that the court recognized its discretion but nonetheless found that a 60-year sentence would have been appropriate, such that the changes in sentencing law did not constitute extraordinary and compelling reasons justifying a sentence reduction. We thus conclude that it is appropriate to remand for reconsideration of Campbell's motion to ensure the district court's denial was not based on a misunderstanding of the law. …We therefore grant a limited remand for the district court to consider the effect, if any, Booker, Dean, and Brown may have on its consideration of the requested sentence reduction.”


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.





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