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July 27, 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 (unchanged) Currently positive-testing staff: 478 (up from 470) Recovered inmates currently in the BOP: 49,657 (unchanged) Recovered staff: 13,300 (up from 13,298)


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 (unchanged)

Carswell FMC: 21 (unchanged)

Houston FDC: 20 (unchanged)

System-wide testing results: Presently, BOP has 140,585 federal inmates in BOP-managed institutions and 13,622 in community-based facilities. Today's stats: Completed tests: 128,707 (unchanged) Positive tests: 55,355 (unchanged)


Total vaccine doses administered: 325,400 (up from 325,126)


Case Note: Circumstances may be extraordinary and compelling but § 3553(a) factors militate against releasing defendant who in his 60s committed multiple robberies or attempted robberies...


In U.S. v. RALPH MCGINNIS (01), Defendant, No. 18-20075-01-DDC, 2022 WL 2918238 (D. Kan. July 25, 2022) (Crabtree, J.), although the government conceded, and the court agreed, defendant’s medical conditions were extraordinary and compelling, he committed bank robberies in his 60’s and so § 3553(a) counsels against release, explaining: "Mr. McGinnis asserts that his age and medical conditions present extraordinary and compelling reasons justifying compassionate release. The government appears to agree. See Doc. 55 at 8. Mr. McGinnis is 65 years old. And, he has prostate cancer and lymphoma. Doc. 53 at 1; Doc. 55 at 8. While not binding on the court, the U.S. Sentencing Commission's policy statement explicitly lists a defendant's “serious physical or medical condition” as an extraordinary and compelling reason for compassionate release—provided that the serious condition “substantially diminishes” defendant's ability “to provide self-care within the environment of a correctional facility” and that defendant isn't expected to recover from the condition. Maumau, 993 F.3d at 835 (quoting U.S. Sent'g Guidelines Manual § 1B1.13., cmt. n.1(A)(ii)(I)). The court doesn't have much information about Mr. McGinnis's prognosis or his ability to care for himself in prison. But, given the government's agreement that Mr. McGinnis “may have established extraordinary and compelling reasons[,]” Doc. 55 at 8, the court assumes he has. The court thus proceeds to consider the sentencing factors in 18 U.S.C. § 3553(a). … Mr. McGinnis committed three serious offenses. Over the course of two days in September 2018—when Mr. McGinnis already was in his 60s—he robbed or attempted to rob three different establishments. On September 5, 2018, Mr. McGinnis entered a Family Dollar store in Kansas City, Kansas, pointed a long rifle at a cashier, and demanded that she “give it all up.” Doc. 31 at 7 (PSR ¶ 17). When the cashier ducked behind the counter, Mr. McGinnis left the store. Id. at 7–8 (PSR ¶ 17). About 20 minutes later, Mr. McGinnis robbed a nearby CVS Pharmacy. Id. at 8 (PSR ¶ 19). Threatening the cashier that he had a gun, Mr. McGinnis grabbed about $300 from the cash register. Id. Then, the next morning, Mr. McGinnis robbed the Bank of Labor in Kansas City, Kansas. Id. at 6 (PSR ¶ 12). He walked up to the teller and placed a note on the counter saying “This is a robbery, give me 100's and 50's. No dye packs and no tracking devices. Do not push no alarms and do not make no sound(s).” Id. (internal quotations omitted). The teller withdrew about $699. See id. at 7 (PSR ¶ 13). Mr. McGinnis grabbed the money and ran, yelling “the bank has just been robbed,” as he ran out. Id. at 6–7 (PSR ¶¶ 12–13). Given this offense conduct, the court concludes that reducing Mr. McGinnis's sentence by any amount wouldn't reflect the nature and seriousness of his offenses.”


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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