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June 14, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 161 (up from 159) Currently positive-testing staff: 276 (down from 300) Recovered inmates currently in the BOP: 50,781 (unchanged) Recovered staff: 12,868 (up from 12,844)


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

Marianna FCI: 29 (unchanged)

Bastrop FCI: 20 (unchanged)

Lexington FMC; 8 (unchanged)

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

Central Headquarters: 30 (unchanged)

Mendota FCI: 12

Carswell FMC: 11

System-wide testing results: Presently, BOP has 139,839 federal inmates in BOP-managed institutions and 13,637 in community-based facilities. Today's stats: Completed tests: 128,717 (up from 128,715) Positive tests: 55,365 (up from 55,363)


Total vaccine doses administered: 321,096 (up from 320,951)


Case Note: A cautionary tale about the need to document requests made to the Warden for compassionate release..


In U.S. v. DARRYL BOARD, 2022 WL 2079742 (E.D.N.Y. June 9, 2022) (Hurley, J.), the court found that, because petitioner could not prove his motion for CR was received by the warden — specifically that, per an e-mail to the warden, that his case manager received the petition and forwarded it to the warden — the court granted the Government’s motion to dismiss based on failure to exhaust, explaining: "Board's submission includes a copy of his August 5, 2020 twenty-four-page motion to reduce sentence addressed to Warden Lovett of FCI Ray Brook. See Mot. to Warden. Board also attaches his September 23, 2020 email to the Warden, in which Board writes that he handed his Case Manager his motion on August 11, 2020. See Email dated Sept. 23, 2020. According to Board's email, the Case Manager informed him that he would hear from the Warden in two weeks and that the Case Manager would “aid [the Warden] in answering [Board's] motion.” Id. Board finishes by noting that he has not “heard nor received any legal mail from” the Warden since and that 18 U.S.C. § 3582(c)(1)(A)(i)’s “30 day statutory requirement has passed.” Id. The Government counters that the BOP Case Management Coordinator “represented to the [G]overnment” on two occasions—December 7 and December 18, 2020—that “she has not received a request for a reduction in sentence or compassionate relief from [Board] to date.” Gov't Comp. Rel. Resp. at 5. Each parties’ representations come without sworn affidavits averring to their accuracy. Faced with such contradictory unsworn statements, the Court finds that Board has failed to carry his burden in adducing sufficient proof that he exhausted all administrative rights to appeal. See 18 U.S.C. § 3582(c)(1)(A). In particular, Board has adduced no evidence that the Warden of FCI Ray Brook received Board's request. The absence of this evidence is fatal to a petitioner's motion for compassionate release.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the death, on May 22, 2022, of William Russell Mills, 65, of FMC Fort Worth, raising the inmate death toll to 296. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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