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March 29, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 174 (up from 160) Currently positive-testing staff: 139 (up from 18) Recovered inmates currently in the BOP: 53,663 (down from 53,724) Recovered staff: 12,529 (up from 12,527)


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

Cumberland FCI: 63 (up from 57)

Otisville FCI: 16 (up from 9)

Sheridan FCI: 9 (unchanged)

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

Central Office HQ: 30 (unchanged)

Victorville Medium I FCI: 13 (unchanged)

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 135,244 federal inmates in BOP-managed institutions and 12,940 in community-based facilities. Today's stats: Completed tests: 128,823 (unchanged) Positive tests: 55,471 (unchanged)


Total vaccine doses administered: 308,600 (up from 308,503)


Case Note: No, desire to rebuild community after tornado not extraordinary and compelling...


In U.S. v. DANNY SHERRILL KIRBY, 2022 WL 885355 (W.D. Ky. Mar. 24, 2022) (Russell, J.) the court ruled that defendant’s desire to rebuild his community, destroyed by a tornado, is not extraordinary and compelling, explaining: "Kirby states that extraordinary and compelling reasons exist because he is needed to assist his family and the Mayfield community after a December tornado devastated that region. See Mot. at 2–4. Here, Kirby states that “Mayfield, Kentucky is the area where [he] has lived for the last twenty [ ] years with his wife and ten children.” Id. at 2. Thus, Kirby concludes that he could be a “valuable asset” to his family and this community's “revitalization.” Id. at 4. In the commentary to § 1B1.13, the Sentencing Commission laid out several situations where extraordinary and compelling exist, including, as relevant here, “Family Circumstances.” U.S.S.G. 1B1.13 cmt. n.1(C). Under the Guidelines, there are two situations where a defendant's family circumstances may present extraordinary and compelling reasons for compassionate release. First, an extraordinary and compelling reason may exist following “[t]he death or incapacitation of the caregiver of the defendant's minor child or minor children.” Id. Second, an extraordinary and compelling reason for release may exist following “[t]he incapacitation of the defendant's spouse or registered partner when the defendant would be the only caregiver for the spouse or registered partner.” Id. Kirby has not alleged that any minor children, spouse, or registered partner is in need of his care. See Mot. Nor has Kirby provided any details that would support those allegations. In fact, the Government points out that nine of Kirby's ten children are eighteen years of age or above. See Resp. at 4. Furthermore, while the needs of the Mayfield community may be extraordinary and compelling, whatever need Mayfield might have for Kirby is not.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the fatality announced yesterday as Gustavo T. Luna, 65, of FCI Victorville II, and has announced one additional fatality, increasing the inmate-related COVID death toll to 292. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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