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June 1, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 160 (up from 117) Currently positive-testing staff: 252 (up from 243) Recovered inmates currently in the BOP: 51,202 (down from 51,270) Recovered staff: 12,736 (up from 12,728)


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

Bastrop FCI: 30

Honolulu FDC: 29

Otisville FCI: 7 (unchanged)

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

Central Headquarters: 25 (unchanged)

Guaynabo MDC: 19

Victorville Medium I: 13 (unchanged)

System-wide testing results: Presently, BOP has 139,426 federal inmates in BOP-managed institutions and 13,513 in community-based facilities. Today's stats: Completed tests: 128,721 (up from 128,716) Positive tests: 55,369 (up from 55,364)


Total vaccine doses administered: 319,323 (up from 319,252)


Case Note: Defendant, stabilized on meds, who would no longer be designated as a career offender post-First Step Act, granted compassionate release....,


In U.S. v. DAVID VERDEN WILLIAMS, JR., Defendant., No. 11-00937 SOM, 2022 WL 1749116 (D. Haw. May 31, 2022) (Hon. Susan Oki Mollway) the court granted compassionate release to defendant, stabilized on meds, who, today, would not be considered a career offender, explaining: "Williams contends that his sentence should be reduced because of the “tremendous disparity between the 151-month sentence that [he] is serving and the sentence that he would likely [have received] today.” ECF No. 211, PageID # 1082. This court agrees. This court has addressed similar arguments on several occasions. See, e.g., United States v. Lavatai, 2020 WL 4275258, at *3 (D. Haw. July 24, 2020); United States v. Cisneros, 2020 WL 3065103, at *3 (D. Haw. June 9, 2020). As discussed in those orders, because Congress chose not to make the First Step Act retroactive, the fact that a defendant would have received a shorter sentence if he had been sentenced after the passage of that Act, standing alone, might not justify a reduction in sentence. Cisneros, 2020 WL 3065103, at *3. But, “a change in the law may be a relevant consideration in determining whether extraordinary and compelling circumstances justify a defendants’ release,” Lavatai, 2020 WL 4275258, at *3, and a reduction in sentence may be warranted if “other factors also support[ ] an early release.” Cisneros, 2020 WL 3065103, at *3. For instance, a defendant may prevail by establishing that “he ha[d] already served a considerably longer sentence than he would [have received] today,” depending on the other circumstances of the case. Id.; see also United States v. McCoy, 981 F.3d 271, 285–86 (4th Cir. 2020) (“We think courts legitimately may consider, under the ‘extraordinary and compelling reasons’ inquiry, that defendants are serving sentences that Congress itself views as dramatically longer than necessary or fair.”). Williams has made such a showing here. There is no dispute that he has served a considerably longer sentence than he would have received under today's law. He has already served approximately 126 months of his sentence, but, as the Government concedes, under today's law his guidelines range would only have been between 57 months and 71 months. ECF No. 211, PageID # 1073; ECF No. 217, PageID # 1223. In its opposition, the Government expressed concern about Williams's history of violence. ECF No. 217, PageID # 1209-15. At the hearing on this matter, however, both parties agreed that Williams's violent behavior is a symptom of his mental illnesses. The parties further agreed that Williams does not appear to pose a threat to others if he continues to take his prescribed medication. He has behaved well during the last year of his incarceration because he has continued to take that medication. This court has some assurance that he will continue to take that medication, as Williams has stipulated to a modification of the terms of his supervised release that requires him to continue to take the medication prescribed by his treating physicians. Indeed, this court views Williams's commitment to receiving treatment for his mental illnesses as a positive step that demonstrates that he is working towards his rehabilitation. In sum, as this court stated at the hearing, after considering the substantial disparity between the sentence that Williams has already served and the sentence that he would have received today, and also considering Williams's medical circumstances and his recent efforts to receive mental health treatment, this court finds that extraordinary and compelling reasons justify a reduction in Williams's sentence. The motion to reduce sentence is granted."



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional COVID-related inmate fatalities, leaving the total at 295. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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