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March 4, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 363 (down from 380) Currently positive-testing staff: 523 (down from 567) Recovered inmates: 54,535 (down from 54,591) Recovered staff: 12,084 (up from 12,037)


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

Rochester FMC: 567 (up from 56)

Marion USP: 37 (up from 32)

Sandstone FCI: 22 (unchanged)

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

Grand Prairie: 33 (unchanged)

Central Office HQ: 29 (unchanged)

Florence ADMAX: 28 (unchanged)

System-wide testing results: Presently, BOP has 134,321 federal inmates in BOP-managed institutions and 12,714 in community-based facilities. Today's stats: Completed tests: 128,888 (unchanged) Positive tests: 55,536 (unchanged)


Total vaccine doses administered: 303,104 (up from 302,260)


Case Note: If you want the court to consider a sentence reduction to one other than time served, don't just put it in a footnote...


In U.S. v. NANCY JEAN SIEGEL, a/k/a Nancy Jean Sweitzer, No. 21-6426, 2022 WL 612357, (4th Cir. Mar. 2, 2022) (unpublished) (per curium) the court found that a footnote stating the court can reduce the sentence to one other than time served does not preserve an argument that the court failed to consider a sentence other than time served, explaining: "Siegel first argues that the district court failed to consider her request for a sentence reduction less than time served and failed to explain its reason for denying the request. However, Siegel's motion for compassionate release did not request a sentence reduction for less than time served. In her motion, Siegel included a footnote referencing that courts have the power to reduce a sentence to something more than time served. However, she did not directly ask the court for any reduction beyond time served. This is highlighted by her arguments that she could not remain imprisoned due to her poor and deteriorating health. As this argument was not raised in the district court, the issue is not properly before this court. See Pornomo v. United States, 814 F.3d 681, 686 (4th Cir. 2016) (explaining that this court generally declines to consider issues raised for first time on appeal).”


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.



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