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Fast Facts (Full BOP stats can be found here)

Confirmed active cases at 78 BOP facilities and 12 RRCs

Currently positive-testing inmates: 101 (down from 119) Currently positive-testing staff: 129 (up from 121) Recovered inmates currently in the BOP: 46,533 (up from 46,529) Recovered staff: 15,001 (up from 15,007)

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

Houston FDC: 10 (down from 9)

Butner Medium I FCI: 7 (down from 9)

Ashland FCI: 5

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

Grand Prairie: 14 (up from 13)

Dublin FCI: 7 (unchanged)

Three Rivers FCI: 7 (unchanged)

System-wide testing results: Presently, BOP has 145,793 federal inmates in BOP-managed institutions and 12,811 in community-based facilities. Today's stats: Completed tests: 128,643 (up from 128,641) Positive tests: 55,291 (up from 55,289)

Total vaccine doses administered: 346,745 (up from 346,730)

Case Note: Court rejects Government's argument that § 3553(a) factors compel denial of compassionate release notwithstanding unquestioned presence of extraordinary and compelling circumstances...

In U.S. v. Westmoreland, No. CR 12-175 (JRT/TNL), 2023 WL 204834 (D. Minn. Jan. 17, 2023) (Tunheim, J.), where the parties agreed that defendant’s medical conditions — he is generally confined to a wheelchair, has myriad aliments, including heart problems, diabetes, hypertension, and obesity, and suffers from mental illnesses — are extraordinary and compelling, the court determined, after analyzing the § 3553(a) factors, that his medical condition mitigates any risk he might pose if released, explaining: "The United States argues that, while Westmoreland's medical conditions constitute extraordinary and compelling circumstances pursuant to § 3582(c)(1)(A), the Court should nevertheless deny Westmoreland's motion because he poses a risk to the community and the § 3553(a) federal sentencing factors weigh against release. … As to the first factor, the nature and circumstances of the offense, the Court acknowledges that Westmoreland's offense of conviction is serious. His prior convictions qualified him for armed career criminal status, and he pled guilty to being a felon in possession of a firearm, a sawed-off shotgun in his home. … However, there are also mitigating circumstances that weigh strongly in favor of release. First, as noted above, Westmoreland's career offender status was imposed in part based on 27-year-old and 39-year-old convictions, and he has been in custody since his arrest in 2012. Second, Westmoreland's physical condition has deteriorated significantly since then. As described in BOP records, Westmoreland currently suffers from a variety of ailments and mental health conditions. (Mot. Ex. 1 at 3; CRI at 2.) This includes uncontrolled Type 2 diabetes; paroxysmal atrial fibrillation with rapid ventricular response; several cardiac conditions including a history of heart attack and non-sustained ventricular tachycardia; a history of gangrene with severe sepsis; a history of deep venous thrombosis, anemia, and thrombocytopenia; incisional ventral hernia; chronic obstructive pulmonary disease; obesity; hypertension and hypercholesterolemia; and leg/knee problems requiring use of a wheelchair. (Mot. Ex. 1 at 3–4.) In 2019, Westmoreland's uncontrolled diabetes led him to develop “necrotizing fasciitis with Fournier's gangrene, severe sepsis, diabetic ketoacidosis, pneumonitis, acute respiratory failure requiring intubation and intensive wound care.” (Id. at 4.) These conditions required “a prolonged hospitalization” of four months that ultimately resulted in Westmoreland's transfer to the Federal Medical Center in Rochester. … Furthermore, Westmoreland has identified an updated release plan in his motion, indicating that he will reside at a probation-approved facility contingent on funding, Watchen Homes, an assisted-care facility that specializes in providing “24-hour support and assisted living services to individuals in transition, primarily from prison.” (CRI at 2.) The staff at the facility are “aware of Mr. Westmoreland's incarceration and supervised release requirements,” and have “previously worked with the BOP to achieve [county funding] prior to release.” (Id.) His sister filed the instant motion, and it appears Westmoreland has necessary familial support between his sister and his children. (See Mot. Ex. 1 at 2.) The Court finds that this release plan weighs in favor of release. … However, the Court will grant Westmoreland's request for release to Watchen Homes contingent on Westmoreland obtaining the necessary funding. In the event Westmoreland is unable to obtain county funding prior to his release, Westmore may be released to a probation-approved residential reentry center for a period of up to 180 days. … The Court finds that the sentence served, combined with a five-year period of supervised release, sufficiently reflects the seriousness of his conduct, promotes respect for the law, provides just punishment, and affords adequate deterrence. Westmoreland has already served a significant portion of his sentence and has done so under difficult circumstances given his deteriorating health. … While Westmoreland's record warranted a longer sentence, any disparity resulting from a reduced sentence is not unwarranted given the special circumstances he faces in prison as a result of his health and age. Additionally, the presence of the ACCA mandatory minimum suggests that the 15-year sentence was too long. Any disparity will also be mitigated to some extent by an extended period of supervised release. … Therefore, the Court will grant Westmoreland's Motion for Compassionate Release contingent upon him securing the necessary funding for his release plan.”

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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