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July 12, 2021: COVID-19 AND COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 27 (down from 29) Currently positive-testing staff: 119 (down from 131) Recovered inmates: 43,726 (down from 43,763) Recovered staff: 6,921 (down from 6,901) Institutions with the largest number of currently positive-testing inmates:

Devens MFC: 2

Florence High USP: 2

Houston FDC: 2

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

Beaumont Medium FCI: 5 ( unchanged) Brooklyn MDC: 5 (unchanged)

Leavenworth USP: 5

System-wide testing results: Presently, BOP has 129,995 federal inmates in BOP-managed institutions and 14,163 in community-based facilities. Today's stats: Completed tests: 116,645 (up from 116,515) Positive tests: 43,168 (down from 43,201)

Case Note: Continued service of five-year consecutive § 924(c) sentence unnecessary given that defendant served 19 years for related state drug conviction...


In U.S. v. DARAYLE DEON CRUTCHER, 2021 WL 2827481 (N.D. Okla. July 7, 2021) (Kern, J.), the court granted relief from mandatory 60-month federal sentence for a § 924(c) offense imposed consecutive to 50-year state sentence arising from same drug-related conduct, explaining: "In 2002, Oklahoma authorities charged Crutcher with drug trafficking and drug-related offenses. (PSR at ¶ 23). After a Tulsa County jury convicted him, Crutcher received a 50-year sentence in the Oklahoma Department of Corrections. (Id. at ¶¶ 2, 23). About a month before he was convicted in state court, a federal grand jury charged Crutcher with being a felon in possession of firearms and ammunition, knowingly using and carrying a firearm during and in relation to a drug trafficking crime, and knowingly and intentionally possessing with intent to distribute cocaine. (Id. at ¶ 1; see also Doc. 1). Crutcher pleaded guilty to the § 924(c) violation, and the government dismissed the remaining counts. (PSR at ¶¶ 3–4). This Court accepted the plea agreement and sentenced Crutcher to 60 months of imprisonment, “to run consecutive to any other term of imprisonment.” (Doc. 23 at 2). Crutcher did not appeal, and began serving his state sentence in 2003. In May 2021, Crutcher was transferred to the custody of the Bureau of Prisons and began serving his 5-year federal sentence. (See Doc. 44, Inmate Profile, Exhibit 1 at 3). His projected release date is November 9, 2024. Crutcher now seeks compassionate release based on his lengthy state sentence, his rehabilitation efforts, the “except clause” of § 924(c), the danger of COVID-19, and his family circumstances. … Since Crutcher's sentencing in 2003, significant reforms have been made within the criminal justice system to avoid excessively long prison sentences. Although many changes have not been deemed retroactively applicable, numerous district courts have found that the massive sentencing disparities caused by recent legislation, as well as a combination of other factors, may warrant a reduction in sentence through 18 U.S.C. § 3582(c)(1)(A). … The extraordinary and compelling circumstances presented in the instant case relate in part to the lengthy sentence of 50 years in the Oklahoma Department of Corrections following Crutcher's jury trial. Crutcher also received a mandatory consecutive federal sentence of five years imprisonment under 18 U.S.C. § 924(c) for conduct which arose from the same criminal transaction as the drug trafficking offense in state court. … Looking to the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1), Crutcher recognizes the severity of his wrongdoing and has committed himself to proving his rehabilitation. Crutcher was 24 years old when he was sentenced and is now 43 years of age. He has served 19 years of his term of imprisonment with a projected release date of November 9, 2024. During his time incarcerated, Crutcher continues to work on self-development and personal growth having completed many hours of classes and programs in an array of subjects. He has been dedicated to the rehabilitation of himself and others, personifying the objectives of § 3553(a)(2) that incarceration “provide the defendant with needed educational or vocational training, medical care, or other correctional treatment.” … Considering Crutcher's conviction at a relatively young age, receiving what amounted to a life sentence, and his rehabilitation efforts, the Court finds extraordinary and compelling circumstances which form the basis for relief. Therefore, the Court finds that a reduction under § 3582(c)(1)(A) to a sentence of time served is “sufficient, but not greater than necessary” to comply with the sentencing purposes set forth in § 3553(a).”


Death Watch: The BOP has reported no additional inmate fatalities, leaving the number of inmate fatalities at 240. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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