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March 2, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 475 (down from 703) Currently positive-testing staff: 651 (down from 714) Recovered inmates: 54,600 (up from 54,497) Recovered staff: 11,941 (up from 11,868)


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

Rochester FMC: 69 (unchanged)

Marion USP: 32

Big Spring FCI: 31

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

Florence ADMAX: 53 (up from 52)

Florence High USP: 38 (up from 37)

Florence FCI: 37 (unchanged)

System-wide testing results: Presently, BOP has 134,120 federal inmates in BOP-managed institutions and 12,444 in community-based facilities. Today's stats: Completed tests: 128,888 (up from 128,887) Positive tests: 55,536 (up from 55,535)


Total vaccine doses administered: 300,294 (down from 300,681)


Case Note: Hi-flying disbarred lawyer flunks the § 3553(a) test, regardless of his supposed extraordinary and compelling circumstances...


In U.S. v. TODD MACALUSO, 2022 WL 598428 (E.D.N.Y. Feb. 28, 2022) (Glasser, J.), the court deemed the defendant unworthy of compassionate release per the § 3553(a) factors regardless of whether he presented extraordinary and compelling reasons, explaining: "In sum and substance, the qualifying circumstance Macaluso claims is satisfied is the unacceptable risk to his life equated with the effect of COVID-19 on his underlying medical issues. … It will suffice to say that the Macaluso's petition pursuant to 18 U.S.C. § 3582(c)(1)(A) is denied because the 18 U.S.C. § 3553(a) factors require it and therefore extraordinary and compelling reasons need not be addressed. United States v. Keitt, 21 F.4th 67, 73 (2d Cir. 2021). The consideration of the Section 3553(a) factors that drives the Court to conclude that Macaluso's motion must be denied are as follows: The defendant is now 59 years old; prior to his conviction he had been a practicing lawyer in California. In 2015, he was convicted of wire fraud in the United States District Court of Southern California. … He was also subsequently disbarred. Literally months thereafter and on supervised release, he began communicating with members of a Mexican drug trafficking organization who were in search of a pilot and a plane to transport drugs. Macaluso was a trained pilot who owned a plane and was recruited for this purpose. … Unbeknownst to Macaluso, one of the co-conspirators was, in fact, a confidential source for the government. Macaluso was arrested before the plan could be executed. He was brought to this Court and found guilty after a four-day jury trial over which the undersigned presided. … Despite the evidence of his overwhelming guilt, Macaluso adamantly proclaimed his innocence. … The substance of Macaluso's motion to vacate his sentence and set aside his conviction pursuant to 28 U.S.C. § 2255 is further evidence of his reckless disregard for the truth. In that motion he alleges ineffective assistance of counsel, accusing one of his two court appointed lawyers – a former federal prosecutor and for more than 30 years a highly regarded defense lawyer – with “failing to comprehend the relevant law.” [ECF No. 204] at 5. Macaluso also charged his counsel with failing to investigate and interview witnesses, and with a litany of claimed instances of incompetence. [ECF No. 207]. The Court ultimately denied his motion, finding that “[a] cursory review of docket entries 170-235 will quickly reveal that [Macaluso's] submissions are overwhelmingly frivolous and meritless and can only be attributed to hubris.” United States v. Macaluso, No. 16-CR-00609, 2020 WL 2097837, at *5 (E.D.N.Y. May 1, 2020). The foregoing elaboration of Macaluso's history and characteristics is of a disbarred lawyer, convicted of wire fraud, the victims of which were his clients. That conduct dishonored and demeaned an ancient and noble profession, ignored the duty of trust he owed to his clients, and manifested contempt for the law. The brief period for which he was sentenced was clearly not a deterrent. He embarked on a major new criminal venture within months after his sentence was served, continuing to ignore the law by violating the rules of his supervised release. The sentence imposed for this new offense was just; modifying it in any way would depreciate the seriousness of his crime.”


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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