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June 3, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 159 (up from 156) Currently positive-testing staff: 303 (up from 293) Recovered inmates currently in the BOP: 51,127 (unchanged) Recovered staff: 12,747 (up from 12,744)


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

Honolulu FDC: 33 (uncharged)

Bastrop FCI: 30 (unchanged)

Tallahassee FCI: 6 (unchanged)

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

Central Headquarters: 29 (up from 28)

Guaynabo MDC: 18 (down from 19)

Victorville Medium I: 13 (unchanged)

System-wide testing results: Presently, BOP has 139,529 federal inmates in BOP-managed institutions and 13,696 in community-based facilities. Today's stats: Completed tests: 128,724 (up from 128,721) Positive tests:55,372 (up from 55,369)


Total vaccine doses administered: 319,716 (up from 319,583)


Case Note: Defendant today would not have been convicted as a career criminal based, inter alia on a prior offense with a mes rea of recklessness, so is granted compassionate release...


In U.S. v. LARRY PAM, Defendant., No. 11-CR-882 MV, 2022 WL 1804889 (D.N.M. June 2, 2022) (Martha Vazquez, D.J.), the district court granted the compassionate release motion of defendant, who pleaded guilty to being a felon in possession of a shotgun, and who was sentenced as a career offender to 180 months for, inter alia, a prior conviction with a mens rea of recklessness, which has now been found by SCOTUS not to be a crime of violence, explaining, "Mr. Pam argues that the requirements are met for this Court to grant his motion for a reduction of his sentence. ... As set forth herein, the Court finds that it has the authority to grant Mr. Pam's motion and, exercising that authority, will reduce his sentence to time served...

Next, “based on its individualized review of all the circumstances” of Mr. Pam's case, the Court finds “that a combination of factors” warrants a reduction in Mr. Pam's sentence. Mamau, 993 F.3d at 837. Those factors include the following: Mr. Pam's relatively “young age at the time of sentencing” (he was only 35 years old); the lengthiness of his mandatory sentence under § 924(e) (180 months); the Supreme Court's determination in Borden that offenses requiring only a mens rea of recklessness (including the offense of shooting at or from a motor vehicle that was used to enhance Mr. Pam's sentence) cannot qualify as violent felonies under the ACCA; and “the fact that [Mr. Pam], if sentenced today, would not be subject to such a long term of imprisonment.” Id. Additionally, Mr. Pam has already served over 10 years of his sentence – far more than the Guidelines range of 77 to 96 months that he would receive today, and even more than the applicable statutory maximum. Doc. 97 at 13. Indeed, Mr. Pam's 180-month sentence is more than triple that of the average federal sentence imposed for firearms offenses (48 months). Id. These “unique circumstances,” in combination with the fact that Mr. Pam is serving a pre-Borden, mandatory 180-month sentence based on two offenses that no longer qualify as predicate violent felonies under the ACCA, “constitute ‘extraordinary and compelling reasons” for a sentence reduction under § 3582(c)(1)(A). McGee, 992 F.3d at 1048.

As explained above, although this Court is required to find that such a sentence reduction is consistent with applicable policy statements issued by the Sentencing Commission, there are no such applicable statements. Accordingly, this Court has the authority to determine for itself what constitutes extraordinary and compelling reasons to reduce Mr. Pam's sentence. As just noted, the Court has made this determination.

Finally, the Court finds that the applicable factors set forth in § 3553(a) weigh in favor of a time served sentence. Mr. Pam's childhood was marked physical and emotional abuse at the hands of his father, who was addicted to cocaine. Doc. 96-1 ¶¶ 54-55. Mr. Pam began consuming alcohol as a teenager and was soon drinking to excess daily. Doc. 97 at 3. When he was 14 years old, Mr. Pam joined a neighborhood gang. Id. At the age of 25, he disassociated himself from the gang, recognizing that that it was endangering his community. Id. Mr. Pam struggled academically and dropped out of high school in the ninth grade. Id. As he moved into adulthood, he began to incur criminal charges, usually when he was drinking. Id. His alcohol abuse struggles were compounded by the loss of his older brother James to a heroin overdose in 2009, two years before he committed the offense of conviction herein. Id. The instant offense was undoubtedly serious; Mr. Pam handled a firearm when he was prohibited to do so, and in the presence of a young child. For this crime, however, Mr. Pam has spent over 10 years of his life behind bars, time that he has spent away from his friends and family. The Court concludes that reducing his sentence now will not result in a disproportionately light punishment. The nearly 11 years that Mr. Pam has spent in custody is sufficient to provide specific deterrence while reflecting the seriousness of the offense, provide just punishment, and promote respect for the law.

The Court further finds that Mr. Pam has been rehabilitated during his term of incarceration and does not pose a danger to the community....

Mr. Pam has a strong support system waiting for him upon his release, including several family members, and a promise of employment....


CONCLUSION The Court finds that extraordinary and compelling reasons warrant a reduction in Mr. Pam's 180-month sentence, that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission, and that a consideration of the factors set forth in § 3553(a) militate in favor of a sentence reduction. The Court thus will grant Mr. Pam's unopposed request for compassionate release pursuant to § 3582(c)(1)(A)(i)."


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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