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June 30, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 370 (up from 313) Currently positive-testing staff: 364 (up from 359) Recovered inmates currently in the BOP: 50,265 (down from 50,335) Recovered staff: 13,028 (up from 13,010)


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

SeaTac FDC: 140 (up from 95)

Marianna FCI: 41 (unchanged)

Petersburg Low FCI: 22 (unchanged)

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

Central Headquarters: 40 (up from 37)

Rochester FMC: 16 (unchanged)

Honolulu FDC: 16 (unchanged)

System-wide testing results: Presently, BOP has 140,216 federal inmates in BOP-managed institutions and 13,754 in community-based facilities. Today's stats: Completed tests: 128,711 (up from 128,707) Positive tests: 55,359 (up from 55,355)


Total vaccine doses administered: 322,746 (up from 322,606)


Case Note: Compassionate release denied because court already considered mitigating facts at sentencing...


In U.S. v. ELIAS AYALA, 2022 WL 2334041 (S.D.N.Y. June 27, 2022) (Buchwald, J.), the court denies defendant's compassionate release motion because it had already given defendant a lesser sentence than otherwise in light of COVID conditions — a reality practitioners should cite to obtain similar consideration in other cases at sentencing -- explaining: "To start, “a compassionate-release motion is not an opportunity to second guess or to reconsider the sentencing court's original decision.” United States v. Roney, 833 F. App'x 850, 854 (2d Cir. 2020) (internal quotation marks and citation omitted). “What justifies compassionate release is a finding that new mitigating ‘extraordinary and compelling’ circumstances exist to reduce that sentence.” United States v. Ebbers, 432 F. Supp. 3d 421, 429 (S.D.N.Y. 2020) (emphasis added). Here, all of the grounds upon which Ayala relies were squarely before the Court at the time of Ayala's sentencing and were considered when sentencing Ayala to a substantially below-guidelines sentence. See PSR ¶¶ 41 (son's medical conditions), 47 (history of drug and alcohol use). Indeed, at Ayala's sentencing hearing, the Court explained its sentencing decision:

Considering that you have been in custody for about ten months under challenging circumstances, I am going to sentence you to 36 months ... I might have given you more, but I do recognize that the last year represents more than the traditional ten months in custody.

Sentencing Tr. 11:16-22. It is thus clear that the Court was aware of the difficult conditions of confinement caused by the COVID-19 pandemic and reduced Ayala's sentence accordingly. Ayala cannot now invoke the exact same circumstances to obtain a further reduction in his sentence.”


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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