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March 18, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 101 (down from 168) Currently positive-testing staff: 295 (down from 367) Recovered inmates currently in the BOP: 54,129 (down from 54,217) Recovered staff: 12,358 (up from 12,283)


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

Sheridan FCI: 10 (unchanged)

Los Angels MDC: 6

Sea Tac FDC: 5

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 134,709 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: 307,272 (up from 306,514)


Case Note: That was then.... this is now...

In UNITED STATES OF AMERICA v. GERARD ONEIL WELLS, 2022 WL 798815 (D.S.C. Mar. 16, 2022) (Anderson, J.), the court granted compassionate release upon its sua sponte consideration of disparity between sentence defendant initially faced and the sentence he would receive today, explaining: "The court has carefully considered the record before it and conducted an individualized analysis of the facts and issues raised by the parties. If the defendant's medical condition were the only issue presented in this case, this court would be inclined to deny the defendant's motion. But, for reasons which will be seen, the court has determined that this case is one deserving of an order directing the defendant's immediate release from custody. … After careful consideration, it is this court's determination that the defendant has not shown an extraordinary and compelling reason for a sentence reduction based on his medical ailments. However, there is an even more important consideration which the defendant does not assert in his motion, but the court has decided to raisesua sponte. That is, as a result of the changes brought about by the First Step Act and related case law, the defendant's sentence would be substantially lower today than when he was originally sentenced in 2011, and resentenced in 2013. …The defendant is one of two defendants named in a 7-Count Superseding Indictment on April 21, 2010.…The government filed an Information (ECF No. 23) pursuant to 21 U.S.C. § 851, which triggered a mandatory minimum sentence on the drug offense in Count 6. At that time, 21 U.S.C. § 841(b)(1)(A) provided for a 15-year mandatory minimum sentence if a defendant had a prior conviction for a “felony drug offense.” … Absent the mandatory minimum sentence of 180 months imprisonment on Count 6, the guideline range would have been 70 to 87 months on Count 6. As to Count 5, the mandatory minimum sentence was 60 months, to run consecutive to the sentence on Count 6. On December 19, 2010, this court sentenced the defendant to 240 months. …In January 2013, the government filed a memorandum acknowledging that the Fair Sentencing act of 2010 (“FSA”), Pub.L.No. 111-220, 124 Stat. 2372 (Aug. 3, 2010) was not applied to the defendant's original sentence. … This court held a re-sentencing hearing on April 8, 2013. …Along with the 60-month consecutive sentence on Count 5, the defendant's new sentence was reduced from 240 months to 180 months. Once again, these sentences were mandatory minimum sentences driven by the applicable statute in place at the time the defendant was resentenced on April 10, 2013. At the time of the defendant's resentencing (April 10, 2013), there was only one conviction that triggered the § 851 enhancement: a June 5, 2006 conviction for possession of cocaine, first offense, for which the defendant received a sentence of 6 months suspended on 2 years’ probation. The defendant's criminal history category remained at I. … Here, the defendant's 2006 conviction resulted in a 6-month sentence suspended on 2 years’ probation, so that is does not now meet the “12 month” requirement to be a serious drug felony. Thus, if sentenced today, the defendant would no longer be subject to the mandatory minimum provision of § 841. And, as the 2013 PSR indicates, without the mandatory minimum required by statute, the defendant's Guideline range would have been 70 to 80 months on Count 6, rather than 180 months. There was no change to the 60-month sentence on Count 5 that was to run consecutive to the charge in Count 6. …While incarcerated, the defendant has had one disciplinary infraction on his record, and he has accumulated a total of 45 educational and vocational course credits. Additionally, the defendant has furnished this court with three letters of recommendation authored by prison officials who unanimously agree that the defendant is a model inmate. … For the foregoing reasons, the court has determined that the defendant has demonstrated extraordinary and compelling reasons for his immediate release.”


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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