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January 4, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 89 BOP facilities and 13 RRCs

Currently positive-testing inmates: 198 (down from 229) Currently positive-testing staff: 235 (up from 217) Recovered inmates currently in the BOP: 47,153 (down from 47,184) Recovered staff: 14,767 (up from 14,756)


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

Pollock USP: 19 (unchanged)

Lexington FMC: 12 (unchanged)

Danbury FCI: 9 (down from 22)



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

Central Office HQ: 59 (up from 57)

Brooklyn MDC: 12 (unchanged)

Pekin FCI: 11 (unchanged)


System-wide testing results: Presently, BOP has 145,183 federal inmates in BOP-managed institutions and 13,636 in community-based facilities. Today's stats: Completed tests: 128,667 (up from 128,663) Positive tests: 55,315 (up from 55,311)


Total vaccine doses administered: 344,307 (up from 343,223)


Case Note:


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 91 BOP facilities and 10 RRCs

Currently positive-testing inmates: 229 (up from 225) Currently positive-testing staff: 217 (up from 213) Recovered inmates currently in the BOP: 47,184 (down from 47,223) Recovered staff: 14,756 (up from 14,754)


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

Danbury FCI: 22 (down from 28)

Pollock USP: 19 (unchanged)

Lexington FMC: 12 (up from 11)


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

Central Office HQ: 57 (unchanged)

Brooklyn MDC: 12 (unchanged)

Pekin FCI: 11 (unchanged)


System-wide testing results: Presently, BOP has 145,227 federal inmates in BOP-managed institutions and 13,653 in community-based facilities. Today's stats: Completed tests: 128,663 (down from 128,668) Positive tests: 55,311 (down from 55,316)


Total vaccine doses administered: 344,223 (up from 343,194)


News Note: USAO's failure to "not oppose" a request by defendant for treaty transfer supported defendant's compassionate release application...


In U.S. v. Liu, 19-cr-42 (D.N.D. Nov. 22, 2022) (Welte, J.), the court found that the USAO's agreement to "not oppose" a request by defendant for a treaty transfer to Canada was inconsistent with the position it in fact took, saying it took "no position" on the transfer, and that this inconsistency was extraordinary and compelling, supporting defendant's compassionate release application, explaining: "Liu posits that the failure of the Department of Justice to grant her a treaty transfer presents an extraordinary and compelling reason for a sentence reduction. More specifically, Liu correctly notes that the parties articulated and understood at sentencing that the United States would not oppose Liu’s request to be transferred to Canadian custody. However, after pursuing the transfer, the request was denied. The United States indicates that it acted consistently with the plea agreement and did not oppose Liu’s request. After sentencing, Liu did seek a treaty transfer from the United States. The United States Attorney’s Office for the District of North Dakota received an inquiry from the International Prison Transfer Unit (“IPTU”) within the Department of Justice. In response, the United States “took no position” on the request. Liu’s plea agreement specifically stated, “The United States agrees that if the Defendant, following sentencing, seeks a prison transfer to Canadian custody, the United States will not oppose that request.” … Further, the United States also recognized the “extraordinary” nature of the situation involving the treaty transfer in noting, “It’s also extraordinary that we agreed to the – to not oppose the transfer to Canadian custody or prison transfer.” Id. at 23. Also of note is that Liu had Canadian counsel as well, who was involved in the “vast majority” of the negotiations. From the sentencing transcript it is clear that not opposing the treaty transfer was a significant element to Liu’s plea agreement and the global resolution of her case. While the United States argues it followed through with its promise to not oppose the plea agreement, the record suggests otherwise. As it notes, the United States “took no position” on Liu’s request. Doc. No. 67-1. Curiously though, the request directly asks, “did the United States Attorney’s Office take a position on a future request by this inmate for transfer,” which the United States checked “yes.” Id. But then two boxes down marked the box indicating “This office TAKES NO POSITION on this request.” Id. Confusing, indeed. And, more importantly here, taking no position on a request is not the same as agreeing to not oppose a request. The Court recognizes that the United States Attorney’s Office for the District of North Dakota does not, in isolation, make the final decisions with respect to treaty transfers and international custody transfers. That said, it was evident at sentencing that all the parties, including the undersigned, knew Liu would be applying for a treaty transfer to Canadian custody and the United States would not oppose that request. It was also evident, by Liu’s own words but also the record in this case, that the transfer issue was an essential part of the global resolution. Liu’s case and plea agreement was, in a word, extraordinary and presents extraordinary and compelling circumstances “other than” those specifically articulated in USSG § 1B1.13. On the unique and specific facts of this case, the Court agrees with Liu and finds that the inconsistent recommendation concerning the treaty transfer and subsequent denial of the transfer presents extraordinary and compelling reasons for a sentence reduction § 3582(c)(1)(A).”)


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) No new deaths within the BOP have been announced, leaving the reported inmate death toll at 309. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.






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