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March 16, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 77 BOP facilities and 11 RRCs

Currently positive-testing inmates: 308 (up from 297) Currently positive-testing staff: 51 (down from 53) Recovered inmates currently in BOP: 45,062 (down from 45,098) Recovered staff: 15,208 (up from 15,205)


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

Leavenworth USP: 60 (unchanged)

Allenwood FCI: 24 (unchanged)

Carswell FMC: 22 (unchanged)


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

Terminal Island FCI: 6 (unchanged)

Carswell FMC: 6 (up from 5)

Devens FMC: 3 (down from 4)


System-wide testing results: Presently, BOP has 145,033 federal inmates in BOP-managed institutions and 13,085 in community-based facilities. Today's stats: Completed tests: 128,658 (unchanged) Positive tests: 55,306 (unchanged)


Total vaccine doses administered: 348,984 (up from 348,944)


Case Note: With Government's assent, court reduces sentence to time served so rehabilitated defendant -- on home confinement -- can better address medical issues...

In U.S. v. Anderson, No. 12-CR-29-RJA, 2023 WL 2445329 (W.D.N.Y. Mar. 10, 2023) (Arcara, J.), the court agreed, with the Government's blessing, to reduce to time served sentence of defendant who previously had been transferred to home confinement under CARES in 2020, so she can begin her supervised release, finding she is rehabilitated and that removing the constraints of home confinement will allow her easier address to medical care to address issues that have twice resulted in hospitalization, explaining: "On July 31, 2020, the Federal Bureau of Prisons (“BOP”) released Defendant (see Dkt. No. 355, pp. 5-6) to serve the remainder of her sentence of incarceration on home confinement, pursuant to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, Pub. L. No. 116-136, 134 Stat. 281 (2020). She is currently on home confinement and is being supervised by personnel at a designated halfway house. … Defendant is 66 years old, and she has a projected release date (meaning the date her home confinement will end) of January 13, 2024.2 Her requested relief is that the Court reduce her sentence to time served so that she may immediately commence her 8-year, previously imposed period of supervised release during which she would be supervised by the United States Probation Office for the Western District of New York. The Government has filed a response (Dkt. No. 355) indicating that it has no objection to Defendant's requested relief if she “complies with all other supervised release conditions and coordinates with USPO as to a residence approved by USPO.” The Court finds that Defendant has presented extraordinary and compelling reasons justifying a modest sentence reduction. It is undisputed that Defendant has earned all good time credit available to her, over the past 2 ½ years on home confinement she has posed no issues, and she participated in considerable programming through the BOP. Moreover, Defendant maintained clear disciplinary conduct during her period of incarceration. In addition to this evidence of rehabilitation, Defendant has presented well-documented evidence of extensive medical issues, which include hypercholesterolemia, hypertension, obstructive sleep apnea, congestive heart failure, emphysema, chronic obstructive pulmonary disease (“COPD”) for which she requires 3 liters of oxygen therapy, type 2 diabetes mellitus, and asthma. See Dkt. No. 349, pp. 8-9, 13-14, 18-22. Defendant takes a laundry list of prescription medications for these conditions. See Dkt. No. 349, pp. 10-12, 28-32. Over the past two years or so, she has been hospitalized twice—in November 2020 after testing positive for COVID-19 and contracting pneumonia, requiring admission to the Intensive Care Unit; and in May 2022 for COPD-related complications, requiring a ten-day hospital stay. See Dkt. No. 349, pp. 2, 8. Defendant's physical health has clearly declined since she was originally sentenced in 2013. See Dkt. No. 196, ¶¶ 88-91. A defendant's concerns about COVID-19 exposure due to particular medical issues are typically alleviated by his or her transfer to home confinement. … Even so, Defendant's array of medical ailments that result in her difficulty ambulating and reliance on others to assist in her transportation, as well as presumably frequent medical appointments and the very real possibility of hospitalization, will be more effectively dealt with should her more-restrictive home confinement be eliminated and her less-restrictive term of supervised release be ordered to commence. Moreover, Court recognizes that this motion is unique in that it is unopposed by the Government.

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 314. Eleven of the inmates died while on home confinement. Staff deaths remain at

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