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June 29, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 313 (up from 311) Currently positive-testing staff: 359 (up from 336) Recovered inmates currently in the BOP: 50,335 (unchanged) Recovered staff: 13,010 (up from 12,998)


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

SeaTac FDC: 95 (unchanged)

Marianna FCI: 41 (unchanged)

Petersburg Low FCI: 22 (unchanged)

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

Central Headquarters: 37 (up from 35)

Rochester FMC: 16 (unchanged)

Honolulu FDC: 16 (unchanged)

System-wide testing results: Presently, BOP has 140,331 federal inmates in BOP-managed institutions and 13,619 in community-based facilities. Today's stats: Completed tests: 128,707 (unchanged) Positive tests: 55,355 (unchanged)


Total vaccine doses administered: 322,606 (up from 322,440)


Case Note: District court should not sua sponte dismiss compassionate release application on exhaustion grounds...


In U.S. v. RAFAEL PARADA-MENDOZA, a/k/a Cheve, a/k/a Chevi, a/k/a Cheby, Defendant - Appellant., No. 21-6722, 2022 WL 2303956 (4th Cir. June 27, 2022) (unpublished) (per curium), the Fourth Circuit reiterated that a district court should not sua sponte dismiss a petition based on exhaustion, explaining: "We recently held in United States v. Muhammad, 16 F.4th 126, 129-30 (4th Cir. 2021), that, “[a]lthough [§ 3582(c)(1)(A)] plainly requires [a prisoner] to complete certain steps before filing his motion [for compassionate release] in the district court, ... this requirement [is] non-jurisdictional, and thus waived if it is not timely raised.” Id. at 129. Because the district court sua sponte raised the administrative exhaustion issue in Muhammad, we held that the court reversibly erred when it dismissed Muhammad's motion for compassionate release “based on the threshold requirement, even assuming [Muhammad] had not completed the prerequisites to suit.” Id. at 130. The district court here did not have the benefit of our decision in Muhammad when it sua sponte raised the administrative exhaustion issue and denied Parada-Mendoza's motion for compassionate release on exhaustion grounds. We therefore vacate the court's order denying Parada-Mendoza's motion for compassionate release and remand for further proceedings in light of our decision in Muhammad. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.”


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.

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