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March 22, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 110 (up from 97) Currently positive-testing staff: 240 (down from 243) Recovered inmates currently in the BOP: 53,991 (down from 54,052) Recovered staff: 12,419 (up from 12,414)


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

Cumberland FCI: 22

Sheridan FCI: 9

Los Angels MDC: 6 (unchanged)

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

Central Office HQ: 30 (unchanged)

Florence ADMAX: 29 (unchanged)

Florence - High USP: 28 (unchanged)

System-wide testing results: Presently, BOP has 134,706 federal inmates in BOP-managed institutions and 12,843 in community-based facilities. Today's stats: Completed tests: 128,837 (unchanged) Positive tests: 55,485 (unchanged)


Total vaccine doses administered: 307,697 (up from 307,510)


Case Note: Denial of CR vacated because circuit court cannot tell from the district court's order whether the court adopted the Government's erroneous assertion that USSG § 1B1.13 was binding...


In U.S. v. JULIA TERYAEVA-REED, Defendant - Appellant., No. 20-7655, 2022 WL 822167 (4th Cir. Mar. 18, 2022) (unpublished) (per curium), the Fourth Circuit found that the district court's denial of defendant's compassionate release application based on the briefs requires vacatur where the Government argued 1b1.13 was binding, explaining: "The Government opposed her motion, asserting she was not eligible for relief under USSG § 1B1.13, which was “binding on the Court.” The court's order did not state the basis for denial but stated in preprinted text that it denied the motion “after complete review of the motion on the merits” and “after considering the applicable factors provided in 18 U.S.C. § 3553(a) and the applicable policy statements issued by the Sentencing Commission.” … “Although a district court is not required to address each of a defendant's arguments for a reduced sentence, just how much of an explanation is required depends upon the narrow circumstances of the particular case.”Jenkins, 2021 WL 6130105, at *6(citations omitted). “In some cases, it may be sufficient for purposes of appellate review that the judge simply relied upon the record, while making clear that he or she has considered the parties' arguments and taken account of the§ 3553(a)factors, among others.”Chavez-Meza, 138 S. Ct. at 1965. “But in other cases, more explanation may be necessary”; and if this Court “considers an explanation inadequate in a particular case, it can send the case back to the district court for a more complete explanation.”Id. On appeal, Teryaeva-Reed contends that the district court abused its discretion by adopting the Government's opposition and denying her motion without giving a reason for the denial. We have reviewed the record and conclude that Teryaeva-Reed has rebutted the presumption that the district court considered relevant factors in deciding her motion, and the court's explanation for its denial was not sufficient for our meaningful review. We cannot tell from the order whether the court adopted the Government's erroneous assertion thatUSSG § 1B1.13 was binding on the court; and the court's order did not explain whether it would have nonetheless denied the motion based on the§ 3553(a) factors. Accordingly, we vacate the district court's order and remand for a more complete explanation for the decision.”)


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced two new inmate COVID-related deaths, raising the inmate death toll to 290. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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