Please ensure Javascript is enabled for purposes of website accessibility
 
Search

March 3, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 380 (down from 475) Currently positive-testing staff: 567 (down from 651) Recovered inmates: 54,591 (down from 54,600) Recovered staff: 12,036 (up from 11,941)


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

Rochester FMC: 56 (down from 69)

Marion USP: 32 (unchanged)

Sandstone FCI: 22

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

Grand Prairie: 33

Central Office HQ: 29

Florence ADMAX: 28 (down from 53)

System-wide testing results: Presently, BOP has 134,231 federal inmates in BOP-managed institutions and 12,598 in community-based facilities. Today's stats: Completed tests: 128,888 (unchanged) Positive tests: 55,536 (unchanged)


Total vaccine doses administered: 302,260 (up from 300,294)


Case Note: Non-retroactive change in circuit precedent that today would result in a lesser sentence because defendant would no longer be considered a career offender, warrants release...


In U.S. v. KENNETH DEANDRE RODGERS, 2022 WL 605354 (E.D. Cal. Mar. 1, 2022) (Mendez, J.), the court found that non-retroactive change in circuit precedent that, today, would result in a lesser sentence warrants release, explaining: "For the reasons below, the Court finds extraordinary and compelling reasons warrant the termination of the remainder of Defendant's sentence.... In support of a finding of extraordinary and compelling reasons that warrant compassionate release, Defendant argues there is a significant disparity between the sentence he received in 2006 and the sentence he would receive if he were sentenced today. Mot. at 2-3. In 2006, Defendant was committed to the custody of the Bureau of Prisons for a term of 384 months. Mot. at 2. Today, in the wake of United States v. Bankston, 901 F.3d 1100, 1104 (9th Cir. 2018), the Defendant would no longer be deemed a “career offender” under the United States Sentencing Guidelines. Mot at 2. The Government agrees that this statement is “true.” Opp'n at 5. Without the career offender finding, if the Defendant were sentenced for identical criminal conduct today with an equivalent criminal history, Defendant calculates he would receive a 180-month total sentence. Mot. at 3. The Government does not dispute this calculation. See Opp’n. In the Ninth Circuit, under United States v. Aruda, “district courts are empowered to consider any extraordinary and compelling reason for release that a defendant might raise,” including significant sentencing disparities. 993 F.3d 797, 801 (9th Cir. 2021) (emphasis added). Defendant has served 194 months of his 384-month sentence. Opp'n at 3. To keep the Defendant in custody would subject him to a sentence that is more than double the sentence he would receive if sentenced today. Given this sentencing disparity, the Government's concessions in its opposition, and the Defendant's efforts at rehabilitation while imprisoned, addressed below, the Court finds that there does exist extraordinary and compelling reasons for a grant of compassionate release. See United States v. Parker, 461 F. Supp. 3d 966, 979 (C.D. Cal. May 21, 2020).”


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.

22 views0 comments