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March 17, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 168 (unchanged) Currently positive-testing staff: 367 (up from 364) Recovered inmates currently in the BOP: 54,217 (unchanged) Recovered staff: 12,283 (unchanged)


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

Rochester FMC: 40 (unchanged)

Sheridan FCI: 10 (unchanged)

Marion USP: 7 (unchanged)

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 134,687 federal inmates in BOP-managed institutions and 12,877 in community-based facilities. Today's stats: Completed tests: 128,858 (unchanged) Positive tests: 55,506 (unchanged)


Total vaccine doses administered: 306,514 (unchanged)


Case Note: Denying compassionate release to relentless filer, court says, "to paraphrase Chief Judge Cardozo, risk in the air, so to speak, will not do ...."


In U.S. v. PETER LIOUNIS, 2022 WL 789295 (E.D.N.Y. Mar. 15, 2022) (Glasser, J.), the court denied defendant's compassionate release application, explaining: "Pending before the Court is defendant Peter Liounis’ motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), [ECF No. 315], and motion to expedite [ECF No. 323]. In the last of countless orders this Court has already authored on Liounis’ many attempts to escape responsibility for his criminal activities, the Court described Liounis’ filings as


a relentless tsunami of hundreds of pages of meritless motions seeking relief from claims which have been resolved against him by a jury, by this Court, by the Court of Appeals, and thought unworthy of further consideration by the Supreme Court in its denial of his petition for a writ of certiorari.

United States v. Liounis, No. 12-CR-350, 2018 WL 9662488, at *2 (E.D.N.Y. July 16, 2018). In order to stop this “serial offender [from] smother[ing] the Clerk's Office of this Court, the judge's chambers and the Office of the United States Attorney, with many hundreds of pages of repetitious faux legal arguments,” the Court permanently enjoined Liounis “from filing any future motion, petition, or other document in this Court or any other federal court touching upon his 2014 conviction, without prior authorization of the Court.” Id. at *2-3. Liounis now seeks, on the basis of the COVID-19 pandemic, to be released from his prison term after having served less than half of it. … Liounis argues that his underlying medical conditions – hypertension, asthma, shortness of breath, morbid obesity, sleep apnea, vascular disease, chronic gout, allergic rhinitis, chronic sinusitis, lymphoma, abnormal configuration of the left hilar region, and a slight compression of the body of T11 vertebra – places him at high risk from COVID-19. … A claim of entitlement to relief that is bottomed upon the existence of a risk that is applicable to the community at large is unpersuasive. In other words, to paraphrase Chief Judge Cardozo, risk in the air, so to speak, will not do. Palsgraf v. Long Island R. Co., 162 N.E. 99, 99 (N.Y. 1928). More is required: a credible, real probability, not a mere undefined possibility. … Of his 24-year sentence – the length of which indicates the serious of his crime – Liounis has served less than one-half. The need for the sentence imposed, which was just when it was rendered, and continued incarceration have not become “inequitable” during the course of his incarceration.”



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 288. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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