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January 9, 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 10 RRCs

Currently positive-testing inmates: 174 (down from 179) Currently positive-testing staff: 258 (up from 253) Recovered inmates currently in the BOP: 47,060 (down from 47,120) Recovered staff: 14,777 (unchanged)


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

Brooklyn MDC: 15

Loretto FCI:11 (unchanged)

Yazoo City Medium FCI: 10 (unchanged)


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

Central Office HQ: 60 (unchanged)

Rochester FMC: 16 (unchanged)

Lexington MFC: 13 (unchanged)


System-wide testing results: Presently, BOP has 145,306 federal inmates in BOP-managed institutions and 13,773 in community-based facilities. Today's stats: Completed tests: 128,660 (down from 128,557) Positive tests: 55,308 (down from 55,315)


Total vaccine doses administered: 344,787 (up from 344,419)


Case Note: Failure to cite case supporting defendant's claim that he was no longer career criminal = failure to exhaust, even though BOP has no authority under USSG § 1B1.3 to grant relief on this theory, anyway...


In U.S. v. ARIEL L. JEFFERS, No. 3:08-CR-16, 2023 WL 36158 (W.D. Pa. Jan. 4, 2023) (Gibson, J.), the court deemed un-exhausted defendant’s argument that today he would not be a career offender due to a non-retroactive change in law because he did not cite the relevant case in his request to the BOP, even though (not discussed in the decision) BOP’s policy statement does not allow consideration of such a circumstance, explaining: "Jeffers argues that his 15-year prison sentence was “clearly a product of the career offender enhancement[,]” but under United States v. Nasir, 17 F.4th 459 (3d Cir. 2021), he is no longer a career offender. … Turning to Jeffers’ arguments regarding his career offender status, the Court begins by noting that one “of the purposes for requiring prisoners to exhaust their administrative remedies before bringing a claim in federal court is to give the BOP an opportunity to address the issue.” United States v. Valenta, No. 15-CR-161, 2020 WL 1689786, at *1 (W.D. Pa. Apr. 7, 2020). … With that purpose in mind, the Court reiterates that Jeffers did mention his career offender status in his August 2021 request to the warden at USP Lee, (ECF No. 376-6), but he did not assert that he is no longer a career offender because of Nasir in either of his submissions to the warden at his facility. (ECF No. 372-3; ECF No. 372-6). The Court declines to find that, by simply raising the issue of his career offender status, Jeffers alerted the warden that Nasir formed part of the basis for his argument. Indeed, the Court is highly reluctant to reach a conclusion that would effectively require wardens in situations such as these to research an inmate's criminal history, as well as all possible reasons why an inmate may no longer be considered a career offender, before responding to an inmate's motion for early release from prison. If Jeffers wants to argue that he should be granted compassionate release in light of Nasir before this Court, he needs to first raise that issue with the warden at his facility.”)


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced two new inmate COVID-related deaths: Brian Gesick, 39 of FCI Florence died August 21, 2022, and Charles Martie, 52, of FMC Rochester died September 25, 2022. The reported inmate death toll now stands at 311. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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