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July 26, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 109 BOP facilities and 20 RRCs

Currently positive-testing inmates: 520 (up from 516) Currently positive-testing staff: 470 (down from 473) Recovered inmates currently in the BOP: 49,657 (unchanged) Recovered staff: 13,298 (up from 13,271)


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

Phoenix FCI: 49 (unchanged)

Lompoc USP: 47 (unchanged)

Texarcana FCI: 40 (unchanged)

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

Central Headquarters: 51 (up from 50)

Carswell FMC: 21 (unchanged)

Houston FDC: 20 (unchanged)

System-wide testing results: Presently, BOP has 140,637 federal inmates in BOP-managed institutions and 13,660 in community-based facilities. Today's stats: Completed tests: 128,707 (up from 128,703) Positive tests: 55,355 (up from 55,351)


Total vaccine doses administered: 325,126 (unchanged)


Case Note: District court wrongly based denial of compassionate release application on erroneous factual assumptions, requiring remand...


In U.S. v. HARRY NOLAN MOODY, Defendant - Appellant., No. 21-7530, 2022 WL 2901737 (4th Cir. July 22, 2022) (unpublished) (per curium), the Fourth Circuit remanded the denial of defendant's compassionate release application because the district court applied erroneous factual assumptions in denying the motion, explaining, : "We review for abuse of discretion a district court's ruling on a motion for compassionate release. United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S. Ct. 383 (2021). “A district court abuses its discretion when it acts arbitrarily or irrationally, fails to consider judicially recognized factors constraining its exercise of discretion, relies on erroneous factual or legal premises, or commits an error of law.” United States v. Jenkins, 22 F.4th 162, 167 (4th Cir. 2021) (internal quotation marks omitted). Central to this appeal is the district court's conclusion that, even if Moody no longer qualified for sentencing as a career offender, this only minimally impacted the computation of his Sentencing Guidelines range because, without the career offender designation, Moody's offense level was 36, whereas that designation increased it to 37. As explained below, we agree with Moody that the court factually erred in its finding on this point. Specifically, review of the transcript of the 2003 sentencing hearing confirms Moody's assertion that the sentencing court did not adopt either the attributable drug quantity or the drug type recited in the presentence report—to wit: 2,151.44 grams of a mixture or substance containing methamphetamine. The sentencing transcript establishes that the court sustained Moody's objection to this recommended finding and ruled instead that only 50 grams of actual methamphetamine were attributable to Moody. In adjudicating the underlying compassionate release motion, though, the district court relied on the original PSR to make its comparative determination. We therefore conclude that the district court abused its discretion in relying on this erroneous factual finding as to the relative impact of Moody's career offender designation as a basis for denying relief. See Kibble, 992 F.3d at 332 (noting that reliance on an erroneous factual premise is an abuse of discretion in compassionate release proceedings). Accordingly, we vacate the district court's order and remand this matter for further consideration. On remand, the district court should (a) review the transcript of the 2003 sentencing hearing in terms of the sentencing court's determination as to the drug type and quantity attributable to Moody, particularly as that relates to the jury's finding as reflected in its verdict sheet; and (b) reevaluate the impact of Moody's career offender designation on the Guidelines range as reconsidered. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related inmate deaths. COVID-related inmate deaths remain at 302. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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