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Fast Facts (Full BOP stats can be found here)

Confirmed active cases at 80 BOP facilities and 11 RRCs

Currently positive-testing inmates: 135 (up from 131) Currently positive-testing staff: 132 (up from 130) Recovered inmates currently in the BOP: 46,528 (down from 46,559) Recovered staff: 14,991 (up from 14,990)

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

Butner Medium I FCI: 11 (down from 12)

Houston FDC: 10 (unchanged)

Lompoc USC: 9 (unchanged)

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

Grand Prairie: 13 (unchanged)

Pekin FCI: 11 (unchanged)

Dublin FCI: 7 (unchanged)

System-wide testing results: Presently, BOP has 145,706 federal inmates in BOP-managed institutions and 13,008 in community-based facilities. Today's stats: Completed tests: 128,636 (up from 128,635) Positive tests: 55,284 (up from 55,283)

Total vaccine doses administered: 346,575 (up from 346,432)

Case Note: Defendant who had already served double the time as a career offender than he would today without the career offender designation, is released...

In U.S. v. STANLEY HARRISON., No. CCB-06-0478, 2023 WL 403029 (D. Md. Jan. 25, 2023) (Blake, J.), court grants release to defendant who would not be a career offender today based on a prior conviction when he was 17, and who had served double what he would face today, explaining: "Harrison's sentence is grossly disproportionate to the sentence he would face today. When the court sentenced Harrison to 262 months for conspiracy to distribute heroin in 2008, it classified Harrison as a career offender. See Tr. at 10:9-12, 16:1-3; Mot. at Ex. 3 ¶¶ 19. As a result, it increased Harrison's total offense level from 29 to 34. Mot. at Ex. 3 ¶¶ 18-21. Taken together with Harrison's category VI criminal history, this produced a guideline range of 262 to 327 months. Id. ¶ 69. Without the career offender enhancement, Harrison would instead be subject to a guideline range of 130 to 162 months—half the length of the guideline he faced. See U.S.S.G. § 2D1.1(c)(5); U.S.S.G. § 5A. Were Harrison sentenced today, however, he would not be subject to a career offender enhancement. The guidelines’ career offender enhancement applies only where, among other things, “the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense.” U.S.S.G. 4B1.1(a). Around 10 years after Harrison was sentenced, the Fourth Circuit held that conspiracy to distribute under § 846 is not a “controlled substance” offense for guidelines purposes. United States v. Norman, 935 F.3d 232, 239 (4th Cir. 2019). Given the decision in Norman, the parties agree that were Harrison sentenced today, he would no longer be subject to the career offender enhancement and thus his guideline sentence would be 130 to 162 months. The disparity between Harrison's 262-month sentence and the 130-to-162-month guideline sentence he would now face creates an extraordinary and compelling ground for relief. Courts in the Fourth Circuit have consistently recognized that extraordinary circumstances may exist where application of a since-rescinded career offender enhancement drove a dramatic sentencing increase. Elzey, 2022 WL 316717, at *2 (collecting cases). And a career offender enhancement that increases the guideline sentencing range by “more than a decade” has a sufficiently dramatic effect. See id. at *3. That is particularly true where, as here, the defunct enhancement produces a sentence “double the sentence [the prisoner] would receive today.” See id. Thus, the disparity between Harrison's sentence and the sentence he would likely face were he sentenced today is extraordinary and compelling. The court's conclusion that Harrison's circumstances are extraordinary and compelling must be the “product of [an] individualized assessment[ ] of” his circumstances. McCoy, 981 F.3d at 286. This starts—but does not end—with the gross disparity between Harrison's sentence and the sentence he would face today. On top of that disparity, the court considers that Harrison has already served a “substantial” portion of his sentence. See id. Harrison has been imprisoned for more than 190 months (over 16 years)—far longer than the 162-month top of guideline range he would face today. Harrison also committed the offense of conviction at age 24, and the prior convictions for which his sentence was enhanced began when he was just 17. Mot. at Ex. 3 ¶ 28. This “relative youth” at the time of conviction weighs further in his favor, McCoy, 981 F.3d at 286, as does his current age, 40, which reduces the likelihood that he will reoffend. For each of these reasons, Harrison's individualized circumstances make this an extraordinary and compelling case.”

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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