Please ensure Javascript is enabled for purposes of website accessibility
 
Search

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


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 311 (up from 307) Currently positive-testing staff: 336 (up from 329) Recovered inmates currently in the BOP: 50,335 (down from 50,348) Recovered staff: 12,998 (up from 12,993)


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

SeaTac FDC: 95 (down from 95)

Marianna FCI: 41 (unchanged)

Petersburg Low FCI: 22 (unchanged)

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

Central Headquarters: 35 (unchanged)

Rochester FMC: 16 (unchanged)

Honolulu FDC: 16 (unchanged)

System-wide testing results: Presently, BOP has 140,321 federal inmates in BOP-managed institutions and 13,619 in community-based facilities. Today's stats: Completed tests: 128,707 (up from 128,706) Positive tests: 55,355 (up from 55,354)


Total vaccine doses administered: 322,440 (unchanged)


Case Note: Sentence reduction to time served granted with Government's consent...


In U.S. v. GERALD MARSHALL PAYNE, 2022 WL 2257044 (N.D. Okla. June 23, 2022) (Kern, J.), the Government did not oppose reducing defendant’s 421 month sentence where defendant argued non-retroactivity of 924(c) and disparity with co-d’s who plead guilty instead of going to trial were extraordinary and compelling, the court agreeing and explaining: "Before the Court is the Defendant Gerald Marshall Payne's (“Payne's”) Motion for Reduction of Sentence filed pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (Doc.79). On June 22, 2022, the Government filed its Response (Doc. 81). The Government responded that it had reviewed Payne's motion and had no opposition to the relief requested. ... After high school, Mr. Payne attended Eastern Oklahoma State College on a track scholarship and studied architectural drawing and drafting. Id. at ¶ 103. During college, after his first child was born, he dropped out of school and returned home to work and support his family. Id. at ¶¶ 98, 103. Struggling with early fatherhood and his failure to complete college, Payne sank into a severe depression and became addicted to powder and crack cocaine. Id. at ¶ 102. It was during this time that Payne received his only prior conviction for second degree burglary. Id. at ¶ 86. He sought drug treatment and attempted to reorient his life by getting married and returning to college at Texas Southern University to study accounting. Id. at ¶¶ 98, 102, 103. However, he soon relapsed, losing his marriage, and then losing his second chance at college. Id. at ¶¶ 98, 102, 103. Unable to afford private drug treatment, he sought admittance to a state funded drug treatment program and went into debt while waiting for an opening in the program. Id. at ¶ 102. Prior to the offense conduct in this case, Payne had been addicted to drugs for several years and was heavily indebted to his co-defendant, Gregory Thomas. Id. at ¶ 102. On October 7, 1994, Payne and three others were charged in a nine-count indictment for robbery and carjacking offenses that occurred over a two-day period in April 1994. … After proceeding to trial, Payne was convicted on all counts and sentenced on April 21, 1995, to 421 months imprisonment. … Payne's co-defendants Darryl Lamont Haynes was sentenced to 196 months (approximately 16 years), while Gregory Ronel Thomas received a 60-month sentence that was run concurrently to a 15-year state sentence for the same offense conduct. … The extraordinary and compelling circumstances presented in the instant case relate in part to the lengthy sentence of 421 months in the Oklahoma Department of Corrections following Payne's jury trial. This sentence is significantly longer than both the national and Tenth Circuit average sentence for murder. According to the U.S. Sentencing Commission, in fiscal year 2018 the national average sentence for murder was 244 months and the Tenth Circuit average was 224 months. … There is an 11-year disparity between the sentence Payne received in 1995 and the sentence Congress now believes to be an appropriate penalty for the defendant's conduct. If sentenced today, Payne would likely receive a consecutive 84 months for the first § 924(c) conviction and 84 months for the second § 924(c) conviction. If he received the same sentence of 121 months for the remaining convictions, then his sentence today would likely be 289 months, or 24 years. … Finally, the length of sentence compared to similarly culpable co-defendants also qualifies as a further “extraordinary and compelling” reason. Payne committed the offense in this case with three co-defendants—two of whom were prosecuted—Gregory Ronel Thomas, Jr. (“Thomas”), and Darryl Lamont Haynes (“Haynes”). Unlike Payne, both Thomas and Haynes entered guilty pleas. Thomas pled guilty to Count One, the conspiracy charge. PSR at ¶ 14. He received a sentence of 60 months, which ran concurrently to the 15-year sentence he received in state court for the same offense conduct. Id.; (Doc. 23). Haynes entered a plea to Counts Two (Conspiracy), Seven (Carjacking) and Eight (§ 924(c)). PSR at ¶ 16. He received a 196-month (16-year) sentence. Both co-defendants were released from prison years ago while Payne remains incarcerated. See Watson, 2022 WL 1125801, at * 8-9 (finding it extraordinary and compelling that co-defendants in a string of armed robberies received far more lenient sentences and have been released while defendant remained incarcerated). Therefore, the Court finds Payne presents a number of extraordinary and compelling reasons which warrant compassionate release including: (1) the disparity between his original sentence and the sentence he would receive today based upon the First Step Act and (2) the length of his sentence compared to similarly culpable co-defendants. … Looking to the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1), Payne recognizes the severity of his wrongdoing and has committed himself to proving his rehabilitation. Throughout his years of incarceration, he has demonstrated a commitment not only to rehabilitation, but educational, professional, and personal success. … This comports with Payne's PATTERN score, which reflects a score of LOW in both “general” and “violent” recidivism categories. Finally, Payne has met his financial obligations, having paid $1,223.00 in restitution and a $3,000 fine. Considering Payne's lengthy sentence, combined with his significant efforts at rehabilitation, the Court finds extraordinary and compelling circumstances which form the basis for relief. Therefore, the Court finds that a reduction under § 3582(c)(1)(A) to a sentence of time served is “sufficient, but not greater than necessary” to comply with the sentencing purposes set forth in § 3553(a).”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional COVID-related inmate deaths, leaving the inmate death toll at 299. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

15 views0 comments