Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 159 (up from 157) Currently positive-testing staff: 317 (up from 301) Recovered inmates currently in the BOP: 50,545 (unchanged Recovered staff: 12,974 (up from 12,970)
Institutions with the largest number of currently positive-testing inmates:
Petersburg Low FCI: 22 (unchanged)
Phoenix FCI: 14 (unchanged)
Marianna FCI: 12 (unchanged)
Institutions with the largest number of currently positive-testing staff:
Central Headquarters: 34 (unchanged)
Rochester FMC: 16 (unchanged)
Honolulu FDC: 14 (unchanged)
System-wide testing results: Presently, BOP has 140,081 federal inmates in BOP-managed institutions and 13,694 in community-based facilities. Today's stats: Completed tests: 128,716 (up from 127,714) Positive tests: 55,364 (up from 55,362)
Total vaccine doses administered: 321,904 (up from 321,834)
Case Note: Defendant can't make a Brady argument at resentencing under §3582(c)(1)(A), but rather must litigate such arguments under § 2255...
In U.S. v. Amato, No. 21-2747, 2022 WL 2135598 (2d Cir. June 15, 2022) (published) (per curium), the Second Circuit held that newly discovered exculpatory evidence cannot be considered in re-assessing § 3553(a) factors, explaining: "Orena primarily contends that the district court erred by assuming the PSR's accuracy and refusing to weigh his new evidence as part of the § 3553(a)factors. We disagree.Section 3582(c)(1)(A)directs courts to “consider[ ] the factors set forth insection 3553(a).”Section 3553in turn provides “[f]actors to be considered in imposing a sentence.”18 U.S.C. § 3553(a)(emphasis added). To impose a sentence, there must necessarily be a valid conviction. If a defendant contends his conviction by a federal court is invalid, Congress has provided a vehicle to raise such a challenge through a motion pursuant to28 U.S.C. § 2255, which imposes particular procedural limitations. A defendant cannot evade this collateral review structure by attacking the validity of his conviction through§ 3582. Accordingly, we conclude, arguments challenging the validity of an underlying conviction cannot be raised in a§ 3582 motion as part of the§ 3553(a) sentencing factors. Rather, such arguments are properly raised on direct appeal or collateral review pursuant to28 U.S.C. § 2255.3Other courts have reached the same conclusion. See e.g.,United States v. Bard, No. 21-3265, 2022 WL 843485, at *2 (3d Cir. March 22, 2022)(unpublished per curiam); United States v. Miller, 855 F. App'x 949, 950 (5th Cir. 2021)(unpublished per curiam). The Court is unpersuaded by Orena's arguments to the contrary. First, he contends that the district court had the discretion to consider his new evidence pursuant to Brooker, 976 F.3d 228. But Brooker recognizes a district court's broad discretion “to consider the full slate of extraordinary and compelling reasons” that may warrant an imprisoned person's release. Id. at 237. Nothing in that decision permits defendants to circumvent the procedural limitations of § 2255 by repackaging actual innocence arguments into the § 3553(a) factors. Second, contrary to Orena's arguments, the district court's refusal to consider the new evidence and its acceptance of the facts as established in the PSR did not run afoul of§ 3553(a)’s directive that “[t]he court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection.” This contention necessarily assumes that Orena's arguments as to the validity of his conviction are meritorious. But the merit of these arguments will be determined if and when Orena litigates his pending successive habeas petition. The district court properly declined to weigh them in its balancing of the§ 3553(a) factors when considering Orena's § 3582(c)(1)(A) motion.”
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.