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March 29, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 72 BOP facilities and 5 RRCs

Currently positive-testing inmates: 164 (up from 153) Currently positive-testing staff: 47 (down from 48) Recovered inmates currently in BOP: 44,962 (down 45,004) Recovered staff: 15,226 (up from 15,220)


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

Yazoo City FCI: 14

McKean FCI; 9

Allenwood Medium FCI: 8 (unchanged)


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

Terminal Island FCI: 6 (unchanged)

Devens FMC: 3 (unchanged)

Honolulu FCI: 3


System-wide testing results: Presently, BOP has 145,139 federal inmates in BOP-managed institutions and 12,860 in community-based facilities. Today's stats: Completed tests: 128,651 (up from 128,650) Positive tests: 55,299 (unchanged)


Total vaccine doses administered: 349,263 (up from 349,249)


Case Note:


In U.S. v. RUBEN DAVIS, AKA BLODDY RUBEN, AKA FAT MAN, AKA FAT BOY, Defendant-Appellant., No. 21-1136, 2023 WL 2639576 (2d Cir. Mar. 27, 2023)(unpublished), the Second Circuit held that even if district court erred in failing to consider defendant’s argument that his actual innocence of 924(c) charge was extraordinary and compelling, reversal was not required because not only did defendant forfeit such an argument, court properly denied CR based on § 3553(a) analysis, explaining: "Here, we cannot say that the district court erred in denying Davis's renewed motion for compassionate release. On appeal, Davis argues only that the district court erred by refusing to consider his purported actual innocence as to the section-924(c) offense to be an extraordinary and compelling reason under 18 U.S.C. § 3582(c)(1)(A)(i); however, he presents no argument pertaining to the district court's weighing of the section-3553(a) factors. Because the district court's determination that a sentence reduction would be inconsistent with the section-3553(a) factors is by itself a sufficient basis upon which we can affirm, see Keitt, 21 F.4th at 73 & n.4, and because Davis has forfeited any challenge to that determination, see, e.g., Green v. Dep't of Educ., 16 F.4th 1070, 1074 (2d Cir. 2021), we decline to disturb the district court's denial of Davis's renewed compassionate-release motion.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today, the BOP announced no new COVID-related deaths, leaving the total number of inmate COVID-related deaths at 314. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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