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January 5, 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 (unchanged) Currently positive-testing staff: 248 (up from 235) Recovered inmates currently in the BOP: 47,153 (unchanged) Recovered staff: 14,768 (up from 14,767)


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: 60 (up from 59)

Rochester FMC: 15

Brooklyn MDC: 12 (unchanged)


System-wide testing results: Presently, BOP has 145,235 federal inmates in BOP-managed institutions and 13,729 in community-based facilities. Today's stats: Completed tests: 128,667 (unchanged) Positive tests: 55,315 (unchanged)


Total vaccine doses administered: 344,419 (up from 344,307)


Case Note: Relief denied despite defendant's presumed extraordinary rehab because he remains a danger to the community...


In U.S. v. BOBBY ARION DINKINS, Defendant., No. 3:08-CR-00254-MR, 2023 WL 27914 (W.D.N.C. Jan. 3, 2023) (Reidinger, CJ.), on reconsideration, although court agrees defendant’s updated record of rehabilitation makes his circumstances extraordinary and compelling, the 3553(a) factors — namely dangerousness — counsel against reduction, explaining: "In September 2020, the Defendant Bobby Arion Dinkins sought a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) in light of the ongoing COVID-19 pandemic. [Doc. 55]. Specifically, the Defendant argued that his underlying health conditions placed him at a higher risk for severe illness from COVID-19, and that his particular vulnerability to the illness was an extraordinary and compelling reason for an immediate sentence reduction to time served. … In October 2020, this Court denied the Defendant's motion, concluding that the Defendant continued to pose a danger to the community and that analysis of the relevant § 3553(a) factors continued to weigh in favor of his continued incarceration. The Defendant now returns to this Court, seeking reconsideration of the Court's prior Order denying him compassionate release. [Doc. 69]. For grounds, the Defendant argues that his record of significant post-sentencing rehabilitation—including his “perfect conduct record” and his completion of numerous educational and drug rehabilitation courses—along with his age, length of incarceration, and solid release plan all support a reduction in his sentence. … Here, the Defendant argues that his record of significant post-sentencing rehabilitation—including his “perfect conduct record” and his completion of numerous educational courses—along with his age, length of incarceration, and solid release plan all support a reduction in his sentence. [Doc. 69]. He is currently 67 years old and has been incarcerated on the present offenses for approximately 15 years. Although he does not offer any documentation to demonstrate his rehabilitative efforts, the types of rehabilitation described by the Defendant in his motion are significant and compelling.1 Given all these circumstances, the Court would be inclined to conclude that the Defendant has demonstrated extraordinary and compelling reasons for his release. Even so, however, the Court must also find that a reduced sentence is supported by analysis of the relevant § 3553(a) factors. The Defendant was a 52-year-old convicted felon at the time he committed the offenses underlying his current convictions. His offense conduct was extremely violent and endangered the lives of several people. The Defendant committed an armed robbery, during which he held two women hostage at gunpoint. [Doc. 18: PSR at ¶¶ 4-6]. When subsequently confronted by law enforcement, the Defendant engaged in a physical confrontation with an officer and threatened to shoot him. [Id. at ¶ 7]. The Defendant ignored officers' verbal commands to stop and instead reached inside his coat, leading one of the officers on the scene to draw his weapon and shoot the Defendant twice, wounding him. [Id.]. He subsequently implicated an innocent person in the robbery to the point where an arrest warrant was issued. [Id. at ¶¶ 9-13]. In addition to the violent nature of the Defendant's offense of conviction, the Defendant is a career offender with an extensive criminal history, including convictions for accessory before the fact of armed robbery, possession with the intent to deliver cocaine, resisting a public officer, breaking and entering, larceny, and common law robbery. [Id. at ¶¶ 38-67]. Balanced against this serious record, the Court finds that analysis of the § 3553(a) factors, including the need for the sentence to reflect the true extent and seriousness of the Defendant's offense, to promote respect for the law, to provide just punishment, to afford adequate deterrence, and to protect the public from the Defendant's further crimes, all militate against a reduction in his sentence. Accordingly, despite the Defendant's rehabilitative efforts and other reasons proffered by the Defendant, the Court concludes that he has failed to demonstrate that he is an appropriate candidate for compassionate release. Accordingly, the Defendant's motion for reconsideration is denied.”


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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