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July 20, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



NOTE: THE BOP HAD NOT UPDATED THEIR STATS SINCE JULY 15


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 109 BOP facilities and 23 RRCs

Currently positive-testing inmates: 483 (down from 495) Currently positive-testing staff: 426 (up from 389) Recovered inmates currently in the BOP: 49,757 (up from 49,752) Recovered staff: 13,238 (up from 13,201)


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

SeaTac FDC: 51 (down from 113)

Lompoc USP: 47

Phoenix FCI: 43 (up from 36)

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

Central Headquarters: 47 (up from 44)

Carswell FMC: 21 (up from 17)

Houston FDC: 18 (unchanged)

System-wide testing results: Presently, BOP has 140,439 federal inmates in BOP-managed institutions and 13,698 in community-based facilities. Today's stats: Completed tests: 128,703 (up from 128,702) Positive tests: 55,351 (unchanged)


Total vaccine doses administered: 324,597 (up from 324,203)


Case Note:


In U.S. v. JASON RYAN EATON, 2022 WL 2713545 (N.D. Okla. July 13, 2022) (Kern, J.) the court agreed that the non-retroactivity of 924(c) amendments, combined with defendant's age at the time of conviction is extraordinary and compelling, but that § 3553(a) factors counsel against reduction, explaining: "In 1998,Eaton pleaded guilty to Counts Two, Four, and Five of the indictment, pursuant to a plea agreement in which the government agreed to dismiss the two Hobbs Act robbery counts in Counts One and Three, and the third § 924(c) violation in Count Six. (See PSR at ¶¶ 5-6). Eaton filed a motion to withdraw his guilty plea, which this Court denied. This Court then sentenced Eaton to a total of 468 months imprisonment, comprised of consecutive terms of 168 months on Count Five, 60 months on Count Two, and 240 months on Count Four. … Here, Eaton's situation shares three of the characteristics that the Tenth Circuit agreed were extraordinary and compelling in Maumau: (a) Eaton was only 18 years old at the time of the offense conduct, (b) he received an extraordinarily long sentence, and (c) because of the First Step Act's changes to those stacking provisions, he would face a significantly shorter sentence if sentenced today. Accordingly, this Court may exercise its discretion to reduce Eaton's sentence. Having established that Eaton has exhausted his administrative appeal, and that extraordinary and compelling circumstances exist, the Court must consider the factors under 18 U.S.C. § 3553(a) and the Sentencing Guidelines policy to determine whether a reduction in sentence is warranted. Importantly, evidence of post-sentence rehabilitation is likely the most critical of core considerations for the Court in a § 3582(c) proceeding. In Pepper v. United States, 131 S.Ct. 1229, 1241 (2011), the Court emphasized the important nature of post-sentence rehabilitation, stating that “there would seem to be no better evidence than a defendant's post incarceration conduct.” Id. … Looking to the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1), his conduct while incarcerated demonstrates the danger he continues to pose to the community, and warrants denial of his motion. … First, although he began by committing typical Hobbs Act robberies, Eaton's offense conduct escalated, becoming significantly more violent. In his first two robberies, Eaton pointed a gun at two gas station clerks and demanded money. (PSR at ¶¶ 7-9, 10). During the second robbery, he threatened to shoot the clerk if he did not give him all the money. Id. at ¶ 11. During the third robbery, he told the victim, “No, I'm just going to kill you right here,” and asked him if he wanted to turn around or kneel down. Terrified for his life, the victim fought back, but Eaton shot him as he escaped the walk-in cooler, resulting in life-changing injuries. Next, Eaton's history and characteristics weigh against a reduction. Although Eaton was only 18 years old when he committed the charged armed robberies, he had already committed several serious crimes as a juvenile. … Like his criminal history, Eaton's conduct while incarcerated demonstrates his likelihood of recidivism. First, as recently as last December, Eaton evinced “no interest” in the Bureau of Prisons' flagship residential drug abuse program. (Ex. 1, Inmate Profile at 1). Notably, the same program review notes that Eaton has “a need in the areas of Anger/Hostility, Cognitions, Medical, Rec/Leisure/Fitness, Substance Abuse, Trauma, and Work, based on [his] Risk and Needs Assessment,” and recommends that he takes various courses and actions to meet those needs. Id. These deficits suggest that Eaton needs additional time to complete these requirements to improve his chances of success upon release and weigh heavily against the time-served sentence he requests. Eaton's disciplinary history supports the same conclusion, reflecting many infractions, including two for assault and three for fighting with another person. (Ex. 1 at 10-13). Although many of his infractions occurred in the first decade of his incarceration, Eaton's 2021 discipline for fighting was so serious it resulted in his transfer from Seagoville (SEA), a low-security federal correctional institution, to Phoenix (PHX), a medium-security facility. (Compare Ex.1 at 1 with Id. at 10; see also Def. Ex. 2 at 12, noting “No other progress – initial team since transferring from SEA due to Code 201: Fighting.”). That infraction may also explain the BOP's reassessment of Eaton's recidivism risk level from low in April of 2021, to medium on December 28, 2021. (Compare Def. Ex. 2 at 12 with Ex.1 at 2). Taken together, Eaton's violent offense conduct, his violent criminal history, his failure to complete necessary programming, and his recent violent disciplinary history all suggest he poses a significant risk of recidivism. Based on the foregoing, the Court denies Eaton's Motion for Compassionate 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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