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July 28, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 111 BOP facilities and 21 RRCs

Currently positive-testing inmates: 497 (down from 520) Currently positive-testing staff: 478 (unchanged) Recovered inmates currently in the BOP: 49,662 (up from 49,657) Recovered staff: 13,300 (unchanged)


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

Lompoc USP: 51 (up from 47)

Phoenix FCI: 49 (unchanged)

Chicago: 28

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 140,674 federal inmates in BOP-managed institutions and 13,787 in community-based facilities. Today's stats: Completed tests: 128,709 (up from 128,707) Positive tests: 55,357 (up from 55,355)


Total vaccine doses administered: 325,400 (unchanged)


Case Note: Denial of compassionate release affirms notwithstanding errors as district court's § 3553(a) analysis provided independent basis for denial...


In U.S. v. HECTOR MOREIRA, Defendant - Appellant., No. 20-3251, 2022 WL 2951943 (10th Cir. July 26, 2022) (unpublished) (Holmes, J.), the 10th Circuit found that two errors — that exhaustion is jurisdictional and that USSG § 1B1.13 is binding — were harmless where the district court also denied compassionate release based on § 3553(a) factors, explaining: "We agree with Mr. Moreira that the district court committed legal error by finding that it did not have jurisdiction to review Mr. Moreira's motion. Furthermore, insofar as the district court concluded that U.S.S.G. § 1B1.13’s criteria are applicable and binding—where Mr. Moreira and not the Director of the BOP filed the compassionate release motion—we conclude that Mr. Moreira's suggestion of error also is on target. However, we ultimately conclude that these two errors are harmless and uphold the district court's judgment. As Mr. Moreira recognizes, the district rested its decision on several independent bases. More specifically, in addressing the exhaustion question and the merits factors that a prisoner must satisfy to secure compassionate release, the court reasoned that even assuming that Mr. Moreira had administratively exhausted his claims and demonstrated extraordinary and compelling reasons under the criteria of U.S.S.G. § 1B1.13, the court still would deny his motion for compassionate release “after considering the various factors under 18 U.S.C. § 3553(a).” R., Vol. IV, at 129. In other words, the district court correctly perceived that § 3553(a) provides a separate and distinct basis for denying a compassionate release motion and determined that, irrespective of whether Mr. Moreira satisfied the other grounds for compassionate release, his motion was appropriately denied because the balance of the § 3553(a) factors tilted against him. Notably, Mr. Moreira does not find fault in any specific or meaningful way with the district court's § 3553(a) analysis. Accordingly, we conclude that this analysis stands undisturbed and supports the court's decision to deny Mr. Moreira's motion for compassionate release. This denial thus was not an abuse of discretion.”


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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