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January 27, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 7,802 (down from 7851) Currently positive-testing staff: 1,888 (up from 1,748) Recovered inmates: 46,494 (up from 46,168) Recovered staff: 9,479 (up from 9,457)


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

Yazoo City Medium FCI: 498 (down from 637)

Oakdale FCI: 405 (up from 368)

Carswell FMC: 248

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

Central Office HQ: 55 (up from 54)

Pollock USP: 49 (up from 48)

Carswell FMC: 46 (unchanged)

System-wide testing results: Presently, BOP has 134,604 federal inmates in BOP-managed institutions and 11,733 in community-based facilities. Today's stats: Completed tests: 128,889 (down from 129,011) Positive tests: 53,940 (up from 53,660)


Total vaccine doses administered: 290,175 (up from 289,312)


Case Note: 147 years down to 57 to account for new man-mins...


In U.S v. AARON GRAHAM, 2022 WL 214045 (D. Md. Jan. 25, 2022) (Bennett, J.), the court reduced defendant's 147-year sentence to 57-years, the current mandatory minimum for his crimes, explaining: "Defendant Aaron Graham (“Defendant” or “Graham”) is a 59-year-old federal prisoner who is serving a 1,764-month sentence for Possession of a Firearm by a Convicted Felon in violation of 18 U.S.C. § 922(g)(1) (Count 1); Conspiracy to Interfere with Interstate Commerce by Robbery in violation of 18 U.S.C. § 1951(a) (Count 4); Interference with Interstate Commerce by Robbery in violation of 18 U.S.C. § 1951(a) (Counts 5, 7, 9, 11, 14, and 16); and Brandishing a Firearm in Furtherance of a Crime of Violence in violation of 18 U.S.C. § 924(c) (Counts 6, 8, 10, 12, 15, 17). … For the following reasons, Graham's Motion for Compassionate Release (ECF No. 281) is construed as a Motion for Sentence Reduction and is GRANTED. Graham will be resentenced to a term of imprisonment of 684 months. … At sentencing, Graham faced enhanced penalties as an Armed Career Criminal under 18 U.S.C. § 924(e) because he had at least four prior felony convictions for a crime a violence. … Graham was also subject to a mandatory minimum consecutive sentence of seven years for the first § 924(c) conviction and what were then believed to be mandatory minimum consecutive sentences of 25 years for each of the five additional § 924(c) convictions. This Court sentenced Graham to the then-mandatory minimum term of 147 years in prison. … Intervening changes in sentencing law may constitute extraordinary and compelling reasons that justify a motion for sentence reduction.Graham's 147-year sentence is largely driven by six stacked § 924(c) counts. In alignment with McCoy, and with the growing consensus of district courts facing this issue, this Court has no difficulty finding that Graham's stacked sentence is an “extraordinary and compelling” ground for relief. … The offenses of which Graham was convicted are extremely serious and violent. Graham participated in six armed robberies while on federal supervision for a prior bank robbery conviction. Any further reduction of Graham's sentence would not provide just punishment or promote respect for the law. … This Court also recognizes a need to protect the public from Graham, who has demonstrated that he is inclined to engage in violent conduct that threatens the safety of the community. This Court also notes, however, that Graham has expressed a degree of remorse for his past conduct and has maintained employment while incarcerated. … Finally, Graham argues that even a sentence at today's mandatory minimum would result in a disparity because it is likely that, if indicted today, Graham would be charged with only one § 924(c) count and sentenced to 7 years for brandishing a firearm. (ECF No. 292 *SEALED* at 13.) This argument is unavailing. In United States v. Donte Dingle, a grand jury sitting in this District in February 2020 returned a superseding indictment charging the defendant with four separate § 924(c) counts in connection with a spree of robberies. … Judge Chasanow ultimately imposed a total sentence of 360 months, comprised of 24 months concurrent on conspiracy to commit Hobbs Act robbery, substantive Hobbs Act robbery, and felon in possession counts and 28 years consecutive for the four § 924(c) counts. Unlike Graham, Dingle was not found to be an Armed Career Criminal. Accordingly, this Court concludes that resentencing Graham to a sentence at today's mandatory minimum does not produce an unwarranted disparity.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced two new COVID-related deaths, those of James Myers, 73, of FCI Butner Medium I, on January 25, 2022, and Eldon A. Gresham Jr., 76, of FMC Fort Worth, on January 23, 2022, bringing total inmate fatalities to 284. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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