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March 10, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG





Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 291 (down from 303) Currently positive-testing staff: 423 (down from 4441) Recovered inmates currently in the BOP: 54,324 (down from 54,417) Recovered staff: 12,210 (up from 12,182)


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

Rochester FMC: 47 (unchanged)

Marion USP: 39 (unchanged)

Alderson FPC: 15 (down from 17)

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

Central Office HQ: 30 (unchanged)

Florence ADMAX: 28 (unchanged)

Florence - High USP: 26 (unchanged)

System-wide testing results: Presently, BOP has 134,396 federal inmates in BOP-managed institutions and 12,749 in community-based facilities. Today's stats: Completed tests: 128,872 (unchanged) Positive tests: 55,520 (unchanged)


Total vaccine doses administered: 305,262 (up from 304,613)


Case Note: Court grants compassionate release 66-year-old defendant with hepatitis C who has served 19 years of 30-year sentence...

In U.S. v. JAMES EDWARD HOWZE, JR. 2022 WL 682760, (M.D. Fla. Mar. 8, 2022) (Honeywell, J.), the court granted compassionate release to 66-year-old defendant with Hepatitis C who had served 19 years of a 30-year sentence meth and a gun, explaining: "Defendant, who is now 66 years old, is serving a 360-month sentence at FPC Pensacola.,, Arrested in June 2003, he has been incarcerated for almost 19 years. … Defendant filed the instant motion on October 9, 2020, requesting modification of his sentence to time served due to his suffering from Hepatitis C, which increases his risk of complications from COVID-19 infection on account of a weakened immune system. … The sentencing guidelines provide that “extraordinary and compelling reasons exist” for compassionate release when a defendant meets any one of several circumstances. Section 1B1.13 identifies four categories in which extraordinary and compelling circumstances may exist. … The Court may grant compassionate release under one or more criteria. See id. Pertinent here, Defendant contends his medical condition of Hepatitis C makes him more vulnerable to severe infection from COVID-19, his advanced age, and “other” reasons provide an extraordinary and compelling basis for release. According to the Sentencing Commission's policy statement on compassionate release, the “Age of the Defendant” qualifies as an extraordinary and compelling reason to support a sentence reduction if the defendant: (1) “is at least 65 years old;” (2) “is experiencing a serious deterioration in physical or mental health because of the aging process;” and (3) “has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.” U.S.S.G. § 1B1.13, cmt. 1(B). Defendant clearly satisfies the first and third criteria as he is 66 years old and has been incarcerated since June 2003. Regarding the second factor, Defendant contends that he suffers from deteriorating health conditions due to the aging process. Specifically, he claims he suffers from Hepatitis C and a resultant weakened immune system. … The Court finds that Defendant, who is 66 years old, is experiencing a serious deterioration in physical health because of the aging process. And since Defendant has served nearly nineteen years in prison, he has met his burden of establishing that extraordinary and compelling reasons justify compassionate release under the sentencing guidelines.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new inmate deaths, leaving the inmate death toll at 287. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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