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March 31, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 164 (down from 167) Currently positive-testing staff: 140 (up from 138) Recovered inmates currently in the BOP: 53,487 (down from 53,609) Recovered staff: 12,532 (up from 12,531)


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

Cumberland FCI: 63 (unchanged)

Otisville FCI: 16 (unchanged)

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 135,363 federal inmates in BOP-managed institutions and 13,042 in community-based facilities. Today's stats: Completed tests: 128,823 (unchanged) Positive tests: 55,471 (unchanged)


Total vaccine doses administered: 309,167 (up from 308,835)


Case Note: Did the court actually read the papers?


In U.S. v. ANDRACOS MARSHALL, a/k/a Draco, 2022 WL 910664 (4th Cir. Mar. 29, 2022) (unpublished) (per curium), the Fourth Circuit held the district court erred in denying release based on defendant's (non-existent) criminal history, explaining: “Marshall argues inter alia that the district court erred in finding that his criminal history weighed against his release. However, it is undisputed that Marshall did not have a criminal history. Accordingly, it was an abuse of discretion to rely on “the seriousness of ... [Marshall's] criminal history” to deny his motion. Because this error could have affected the district court's weighing of the § 3553 factors, particularly the necessity for deterrence and protection of the public, we vacate the district court's order and remand for further consideration of Marshall's motion. See United States v. Kibble, 992 F.3d 326, 332 (4th Cir.) (noting that reliance on erroneous factual premises is an abuse of discretion in compassionate release proceedings), cert. denied, 142 S. Ct. 383 (2021).”)


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified the fatality announced yesterday as Marvin Hersch, 82, of FCI Butner Medium. The number of inmate-related COVID deaths remains at 292. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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