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March 1, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 703 (down from 785) Currently positive-testing staff: 714 (down from 864) Recovered inmates: 54,497 (up from 54,443) Recovered staff: 11,868 (up from 11,713)


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

Oakdale I FCI: 136 (down from 149)

Seagoville FCI: 74 (down from 76)

Rochester FMC: 69 (down from 74)

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

Florence ADMAX: 52 (unchanged)

Florence High USP: 37 (unchanged)

Florence FCI: 37 (unchanged)

System-wide testing results: Presently, BOP has 134,231 federal inmates in BOP-managed institutions and 12,361 in community-based facilities. Today's stats: Completed tests: 128,887 (up from 128,886) Positive tests: 55,535 (up from 55,534)


Total vaccine doses administered: 300,681 (up from 300,577)


Case Note: Lackluster BOP medical treatment for a well-behaved inmate warrants a 12-month sentence reduction...


In U.S. v. WILLIAM BOYD FILLINGAME, 2022 WL 558199 (D. Or. Feb. 24, 2022) (McShane, J.), the court found that lackluster BOP medical treatment for a well-behaved inmate warranted a 12-month reduction, explaining: "The Court originally sentenced Mr. Fillingame to the 15-year mandatory minimum prison term after he pleaded guilty to being a felon in possession of a firearm with an Armed Career Criminal enhancement. Gov.’s Resp. 1, ECF No. 40. Mr. Fillingame has served more than 11 years of his sentence and has a projected release date of June 25, 2023. Id. at 2. He now requests a 12-month reduction to his sentence. The primary criteria for granting compassionate release is the existence of an extraordinary and compelling reason. Mr. Fillingame has met this burden. In most cases, general health risks associated with COVID-19 in prisons are not extraordinary and compelling reasons. The ailments suffered by Mr. Fillingame, however, dramatically exceed the general health risks associated with COVID-19 in prisons. Mr. Fillingame is 57 years old. In 2009, he lost one kidney to cancer and his remaining kidney is compromised by stage-three kidney disease. Def.’s Mot. 5. The Court is persuaded by the increasing data revealing that previous COVID-19 infection leaves individuals 35% more susceptible to long-term kidney damage. Id. at 6. Mr. Fillingame has already contracted COVID-19, and the potential for further harm to his remaining kidney leaves him continuously vulnerable despite his recovery from COVID-19. Id. Compounded by the fact that the medical facilities at FDC SeaTac have been unable to consistently perform bloodwork or monitor his kidney disease, Mr. Fillingame's health concerns are certainly beyond the general risks faced by the prison population. Mr. Fillingame also suffers from a severe arm injury. Mr. Fillingame worked for the prison as a trusted electrician throughout his incarceration, at times driving 30 miles from camp to perform repairs. Id. at 4. On one such repair, Mr. Fillingame was cut by a cable. Id. The 1.5-inch cut was contaminated and became septic after days of untreated symptoms. Id. at 4–5. Mr. Fillingame underwent numerous procedures involving stitches, staples, and skin grafts. Id. at 5. Despite medical efforts, Mr. Fillingame's arm remains severely damaged and requires further medical procedures. These have been repeatedly postponed. Id. Taken together, Mr. Fillingame is a 57-year-old cancer survivor with stage-3 kidney disease; he has a severely injured arm in need of multiple surgeries; and he has a host of other general health concerns rendering him acutely at risk within the prison. Def.’s Orig. Mot. Reduce Sent. 17, ECF No. 23 (“Def.’s Orig. Mot.”). He has sufficiently demonstrated an extraordinary and compelling medical circumstance. … Other than two minor infractions, Mr. Fillingame's prison conduct has been overwhelmingly positive. Def.’s Orig. Mot. 5; Gov.’s Orig. Resp. 5, ECF No. 28. Mr. Fillingame has spent his incarceration employed by the prison in a productive and trusted capacity. Def.’s Mot. 3. By all accounts, he has been a good prison-system citizen, managing to avoid the rampant violence and gang activity that exists around him. The Court also acknowledges the modesty of Mr. Fillingame's request. In amending his previous request for immediate release, Mr. Fillingame now seeks a release that increases his chances for success.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced two new inmate deaths, those of William Herron, 75, of FMC Lexington, and Benedict Shaw, 54, of USP Tucson, bringing the total inmate deaths to 287. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.


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