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July 7, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 445 (down from 473) Currently positive-testing staff: 354 (up from 346) Recovered inmates currently in the BOP: 49,987 (down from 49,985) Recovered staff: 13,100 (up from 13,090)


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

SeaTac FDC: 187 (down from 188)

Phoenix FCI: 55 (up from 46)

Texarkana FCI FCI: 21

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

Central Headquarters: 42 (up from 41)

Rochester FMC: 16 (unchanged)

Houston FDC: 15 (uncharged)

System-wide testing results: Presently, BOP has 140,052 federal inmates in BOP-managed institutions and 13,752 in community-based facilities. Today's stats: Completed tests: 128,700 (up from 128,699) Positive tests: 55,348 (up from 55,347)


Total vaccine doses administered: 323,624 (up from 323,371)


Case Note: Non-retroactivity of § 924(c) amendments + rehab supported compassionate release...


In U.S. v. DWAYNE LAMONT SLATER, 2022 WL 2441285 (E.D. Cal. July 5, 2022) (Mendez, J.), the court held that non-retroactivity of 924(c) amendments combined with defendant's rehabilitation, the latter of which the Gov’t said was commendable, supported release, explaining: "Here, the Court finds two factors particularly support Defendant's release, explaining: (1) a change in federal law, and (2) Defendant's significant and sustained rehabilitation efforts while in custody. Accord United States v. Chan, No. 96-cr-00094-JSW, 2020 WL 1527895, at *6 (N.D. Cal. Mar. 31, 2020) (finding defendant's “rehabilitation efforts in combination with the amendments to Section 924(c)’s stacking provisions” qualify as “extraordinary and compelling reasons to reduce his sentence”). Beginning with the change in law, when Defendant pled guilty, every Section 924(c) conviction required a mandatory consecutive sentence. Mot. at 7-8; Reply at 3. But the First Step Act of 2018 eliminated that mandatory “stacking” requirement. Id. As a result, Defendant would be sentenced to less time if he were sentenced today. Id. The United States did not address this change in federal law in opposition. See Opp’n. Defendant's rehabilitation efforts during his almost 19 years in custody also weigh strongly in favor of release. See Reply at 3-4 (summarizing rehabilitation efforts). Even the United States concedes Defendant's rehabilitation is “commendable.” Opp'n at 8. Given his rehabilitation, the Court finds Defendant will not endanger the community if released. Lastly, the Court finds that the relief to be granted pursuant to 18 U.S.C. § 3582(c)(1)(A) is consistent with the sentencing factors set forth in 18 U.S.C. § 3553(a). Reducing Defendant's sentence to time served would be “sufficient but not greater than necessary to comply with” the purposes of sentencing under § 3553(a). Accordingly, the Court GRANTS Defendant's motion for compassionate release. Defendant shall spend up to 14 days in quarantine and obtain medical clearance prior to release. During this time, appropriate travel arrangements shall be made to ensure Defendant's safe release. Upon release, Defendant shall begin serving his 60-month term of supervised release.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced the deaths of two additional inmates, Quentin Peter Bruguier Jr., 58, of USP Tuscon, on April 21, 2022, and Dwight Pearson, 50, of FCI Yazoo City Medium, on June 16, 2022, bringing total inmate deaths to 301. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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