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July 11, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 520 (up from 470) Currently positive-testing staff: 338 (down from 367) Recovered inmates currently in the BOP: 49,809 (down from 49,857) Recovered staff: 13,151 (up from 13,113)


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

SeaTac FDC: 189 (up from 188)

Phoenix FCI: 59 (unchanged)

Texarkana FCI FCI: 55 (up from 27)

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

Central Headquarters: 43 (up from 42)

Carswell FMC: 16

Houston FDC: 16 (unchanged)

System-wide testing results: Presently, BOP has 140,156 federal inmates in BOP-managed institutions and 13,765 in community-based facilities. Today's stats: Completed tests: 128,696 (down from 128,702) Positive tests: 55,344 (down from 55,350)


Total vaccine doses administered: 323,887 (up from 323,756)


Case Note: Reduction, not immediate release, warranted by COVID...


In U.S. v. Pratt, 2022 WL 2355471 (D. Mont. June 30, 2022) (Morris, CJ). the court reduced defendant's sentence -- but did not release her -- upon finding that the risk posed by COVID to inmates in correctional facilities warranted reduction, which comported with § 3553(a) because the court had handed out similar sentences in prior cases, explaining: "The Court determines that extraordinary and compelling reasons exist to reduce Pratt's sentence, but not to grant Pratt motion for compassionate release effective immediately. The Court determines that Pratt has not demonstrated an extraordinary and compelling need for her immediate release with respect to the need to provide care to her daughter. With respect to Pratt's concerns regarding the COVID-19 pandemic, the Court consistently has noted that correctional facilities create a high-risk environment for the spread of COVID-19, which poses a particular danger to prisoners with pre-existing conditions. See For People Living in Prisons and Jails, Ctrs. for Disease Control & Prevention, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/living-prisons-jails.html (Accessed Feb. 24, 2022). Reducing Pratt's sentence to 145 months comports with the 3553(a) sentencing factors. Pratt was a criminal history category VI. (Doc. 191 at ¶ 70.) Pratt's total offense level was calculated to be 31 based largely on the quantity of methamphetamine. Id., at ¶ 48. The Court has applied similar sentences to Pratt's reduced sentence where the defendant has prior felony drug offenses and has plead guilty to distribution of methamphetamine in quantities similar to Pratt. See, e.g., United States v. Rider, 4:13-CR-74-BMM-2, Doc. 65 (120 months); United States v. Patton, 4:13-CR-104-BMM-1, Doc. 30 (125 months); United States v. Hill, 4:21-CR-19-BMM-1, Doc. 41 (136 months).”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related inmate deaths, and so the total remains at 301. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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