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January 5, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP stats can be found here) Currently positive-testing inmates: 2,386 (up from 1,736) Currently positive-testing staff: 657 (up from 601) Recovered inmates: 41,875 (down from 41,916) Recovered staff: 8,794 (up from 8,768)


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

Brooklyn MDC: 231 (up from 218)

Carswell FMC: 134 (up from 103)

Lexington FMC: 112 (up from 109)

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

Fairton FCI: 26 (up from 25)

Carswell FMC: 26 (up from 24)

Pollock USP: 22

System-wide testing results: Presently, BOP has 135,388 federal inmates in BOP-managed institutions and 14,818 in community-based facilities. Today's stats: Completed tests: 128,112 (up from 128,051) Positive tests: 43,327 (up from 42,266)


Total vaccine doses administered: 279,641 (up from 27,283)


Case Note: Twice blessed...


In U.S. v. JASON ROSE, 2022 WL 19174 (S.D.N.Y. Jan. 3, 2022) (Caproni, J.), the court, after reducing defendant's sentence in 2019 from 25 to 14 years, further cuts his sentence explaining, in 2019, it could not have foreseen the pandemic: "WHEREAS on December 9, 2005, Mr. Rose was sentenced by Judge Scheindlin to 25 years imprisonment: 20 years for conspiracy to distribute crack and marijuana (the mandatory minimum) (count 1) and a consecutive 5 years for use of a firearm in relation to a drug trafficking offense (the mandatory minimum) (count 2), Dkt. 242; WHEREAS on September 24, 2019, the Undersigned resentenced Mr. Rose pursuant to the First Step Act to 19 years imprisonment: 14 years on count 1 and a consecutive five years on count 2, Dkt. 428; WHEREAS Mr. Rose's release date is May 23, 2022, Dkt. 461 at 3. …IT IS HEREBY ORDERED that Mr. Rose's Motion for CompassionateRelease is GRANTED. The Court finds that the COVID-19 pandemic, including the wildly contagious Omicron variant, constitutes an extraordinary and compelling reason to grant the requested relief. … The Court further holds that, despite Mr. Rose's continuing poor compliance with the rules of his penal institution, the Section 3553 factors do not counsel against granting the requested relief at this point. Mr. Rose, who has five months left of his sentence, see Resp., Dkt. 461 at 3, has completed 97.8% of his total sentence. … When the Court resentenced Mr. Rose in September 2019, it did not anticipate the pandemic and the effects of the pandemic on incarcerated inmates, including Mr. Rose. Mr. Rose reports consistent lockdowns, being confined to his cell for most of the day, and limited showers and phone calls with family. SeeCompassionateRelease Mot. at 7–8. As Judge Rakoff found in a different case, in the pandemic context, “the sentence [the defendant] is now serving looks materially different from the sentence the Court envisioned.” United States v. Garcia, 505 F. Supp. 3d 328, 332 (S.D.N.Y. 2020). … With respect to a reentry plan, Mr. Rose recognizes that upon completion of his sentence, he will be immediately deported to Jamaica. Compassionate Release Mot. at 12. The Court hopes Mr. Rose will take advantage of the resources offered by his Great Aunt Yvonne Grant, who assists individuals who have been deported to Jamaica to successfully settle in that country. … The Court encourages Mr. Rose to use this time to obtain a booster vaccine against COVID-19. There shall be no delay in ensuring Mr. Rose's transfer. In the event that Mr. Rose is released and not transferred to the custody of the immigration authorities, Mr. Rose's previously imposed term of 10 years of supervised release as well as the mandatory and special conditions of his supervision, see Amended Judgment, Dkt. 428, will remain in place.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified inmate Lee Cormier, 74, of FCI Beaumont Low as the 275 Covid-related inmate fatality. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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