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March 24, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 141 (up from 140) Currently positive-testing staff: 139 (down from 242) Recovered inmates currently in the BOP: 53,845 (down from 53,909) Recovered staff: 12,524 (up from 12,419)


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

Cumberland FCI: 51 (unchanged)

Sheridan FCI: 9 (unchanged)

Otisville FCI: 9

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

Central Office HQ: 30 (unchanged)

Victorville Medium I FCI: 13

Victorville USP: 13

System-wide testing results: Presently, BOP has 134,919 federal inmates in BOP-managed institutions and 12,997 in community-based facilities. Today's stats: Completed tests: 128,837 (unchanged) Positive tests: 55,485 (unchanged)


Total vaccine doses administered: 308,186 (up from 307,880)


Case Note: No exhaustion required of defendants housed in state facilities...


In U.S. v. LUIS ZAVALA VILLAGOMEZ, 2022 WL 833130 (D. Utah Mar. 21, 2022) (Nuffer, J.), the court held that Petitioners housed in state facilities can file in court without first satisfying exhaustion, explaining: “There is no indication in the record that Defendant submitted a request to the warden of the facility where he incarcerated. However, Mr. Villagomez is incarcerated in a state facility. In the limited circumstances where a defendant cannot submit an application for compassionate release to a warden of a federal institution, such as when housed in a state institution, that defendant has satisfied the typical exhaustion requirements of 18 U.S.C. § 3582(c)(1)(A). Defendant's place of incarceration should not preclude him from filing a motion for compassionate release under the relevant statute. Therefore, the Motion will be treated as procedurally proper, and its merits will be addressed.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the two fatalities announced yesterday as Donnico Tyrel Johnson, 50, of USP Coleman 1, who died March 17, 2022, and David Paul Fuller, 60, of FMC Butner, who died March 3, 2022. The inmate-related COVID death toll remains at 290. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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