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July 12, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 520 (unchanged) Currently positive-testing staff: 323 (down from 338) Recovered inmates currently in the BOP: 49,809 (unchanged) Recovered staff: 13,167 (up from 13,151)


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

SeaTac FDC: 189 (unchanged)

Phoenix FCI: 59 (unchanged)

Texarkana FCI FCI: 55 (unchangd)

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

Central Headquarters: 43 (unchanged)

Houston FDC: 17 (up from 16)

Carswell FMC: 16 (unchanged)

System-wide testing results: Presently, BOP has 140,262 federal inmates in BOP-managed institutions and 13,705 in community-based facilities. Today's stats: Completed tests: 128,696 (unchanged) Positive tests: 55,344 (unchanged)


Total vaccine doses administered: 323,911 (up from 323,887)


Case Note: Defendant with long criminal history but numerous and serious medical and mental health problems + infirm mother, granted release...


In U.S. v. RICHARDSON, 2022 WL 2541275 (N.D. Cal. July 7, 2022) (Illston, J.), notwithstanding defendant's lengthy criminal history of bank robberies, including his most recent 2020 60-month sentence for committing seven bank robberies while on supervised release, court reduces sentence to time-served in light of his medical issues, including mental health conditions, which place him at increased risk of COVID, and in consideration of his elderly’s mother’s recent heart attack and resulting need for care, explaining: "First, the government improperly assesses Mr. Richardson's health conditions individually, rather than collectively. Opp. at 14-20. Taken together, Mr. Richardson's conditions put him at significant risk of severe illness should he contract Covid. The parties agree Mr. Richardson suffers from hypertension, hyperparathyroidism, hyperlipidemia, depression, PTSD, and had a partial lobectomy procedure. Id.; MCR at 13-14. These health conditions coupled with an incarcerated person's “extraordinarily high risk of accelerated transmission of COVID-19 [,]” demonstrate a threat to his physical well-being. … Further, the parties do not dispute BOP records confirming Mr. Richardson suffers from depression and posttraumatic stress disorder. MCR Ex. C. Mr. Richardson deals with excessive past trauma, such as “domestic violence in his childhood home, his brother's murder, his sister's death from a heroin overdose, and his sexual assault in state prison.” MCR at 16 (quoting PSR ¶ 111). The CDC has concluded these mood disorders “can make you more likely to get very sick from COVID-19.” … While the government correctly notes Mr. Richardson has been assessed and given medication, the Court specifically ordered Mr. Richardson receive “as much mental health counseling and treatment as possible.” Judgment at 2. However, FCI is under “Condition 3” restrictions preventing Mr. Richardson from receiving group therapy, counseling sessions, or anything beyond medication. Reply at 5. The Court also finds it significant Mr. Richardson's mother, Brenda Crommie, is 82 years old and is currently living alone after suffering a serious heart attack. MCR at 17-18. During the hearing the Government expressed concern that the factors present in defendant's motion for compassionate release were all present at the time of sentencing, but this is inaccurate. As discussed above, Mr. Richardson is not receiving the mental health counseling and treatment the Court detailed in the Judgment. See Reply at 5. Further, Judgment was entered in this case on December 15th, 2020, and Ms. Crommie's heart attack took place December 2021. MTD at 17-18. Additionally, Ms. Crommie's home was recently found suitable for supervision on June 1, 2022. Probation Statement at 1. The government argues other family members can care for Ms. Crommie. Opp. At 20. However, Mr. Richardson's son, Mr. Clapham, submitted a letter in support of his father's motion, explaining his grandmother lives “nearly 100 miles away from her closest adult child who could, hypothetically, be a caregiver.” MCR Ex. F. Mr. Clapham's letter states other family members do not have bandwidth due to other responsibilities—including children and grandchildren of their own—to care for Ms. Crommie. Id.; See United States v. Bucci, 409 F. Supp. 3d 1, 2 (D. Mass. 2019) (Finding defendant's circumstances were extraordinary and compelling reasons because Mr. Bucci was the only available caregiver for an ailing, close member of his family: his mother.”) (internal citations and quotation marks omitted). Finally, the Court finds § 3553(a) factors support compassionate release. Mr. Richardson was unarmed when he committed the underlying offenses, and in the one instance when Mr. Richardson “grabbed a customer ... put him in a headlock and threatened to shoot the man” the customer stated he did not fear for his life and did not want to prosecute. PSR ¶ 8. Mr. Richardson has also completed courses at FCI Sheridan, such as the Drug Abuse Program, showing a commitment to reform. See Dkt. No. 53 (Exhibits in Support of Reply Brief). Significantly, probation has not expressed concern over Mr. Richardson's potential release.”




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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