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March 6, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 65 BOP facilities and 9 RRCs

Currently positive-testing inmates: 185 (up from 183) Currently positive-testing staff: 60 (down from 62) Recovered inmates currently in the BOP: 45,354 (up from 45,349) Recovered staff: 15,185 (up from 15,180)


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

Carswell FMC: 31 (up from 30)

Oklahoma City FTC: 17 (up from 16)

Allenwood Low FCI: 14 (unchanged)


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

Devens FMC: 7 (unchanged)

Terminal Island FCI: 6 (up from 5)

Carswell FMC: 4 (unchanged)


System-wide testing results: Presently, BOP has 144,482 federal inmates in BOP-managed institutions and 12,866 in community-based facilities. Today's stats: Completed tests: 128,656 (up from 128,655) Positive tests: 55,304 (up from 55,303)


Total vaccine doses administered: 348,683 (up from 348,618)


Case Note: COVID-related dangers posed by defendant’s Hepatitis C supports a minor sentence reduction, but not immediate release...


in U.S. v. JOHN D. GUNDLACH, Defendant., No. CR 21-22-GF-BMM, 2023 WL 2307890 (D. Mont. Mar. 1, 2023) (Morris, CJ), 18% into defendant's 78-month sentence, the court agrees risk of COVID posed by Hepatitis C warrants a minor sentence reduction, but not immediate release, explaining: "John D. Gundlach has moved the Court to reduce his sentence under 18 U.S.C. § 3582(c)(1)(A)(i). (Doc. 27.) The Court sentenced Gundlach to a term of 78 months follow by 4 years supervised release on September 30, 2021. (Doc. 23.) Gundlach's projected release date is April 27, 2027.... Gundlach is currently located at Lompoc FCI in Lompoc, California. Id. Gundlach has served approximately 18% of his sentence. … Gundlach presents the risk factor of having Hepatitis C. … Gundlach, notwithstanding the risk factors he presents, fails to present a sufficient extraordinary and compelling reason allowing immediate compassionate release. The Court recognizes, from its own personal experience, that the COVID-19 vaccines do not provide foolproof protection from further infection. Gundlach remains at a higher risk of harm or death were he to contract COVID-19 despite his vaccinated status. In fact, Dr. Anthony Fauci, the former Chief Medical Advisor to the President of the United States, anticipated that a COVID-19 vaccine will turn into an annual event similar to a seasonal flu shot. See CNN, Covid Vaccines Will Likely Become Annual Like Flu Shots, White House Officials Say (Sept. 6, 2022). … Considering all the relevant circumstances, Gundlach has failed to make a sufficient showing of an extraordinary and compelling circumstance to warrant an immediate release from custody. The Court acknowledges, however, that Gundlach's compromised status due to his Hepatitis C diagnosis warrants a small sentence reduction. The Court will reduce Gundlach's sentence to a period of 60 months followed by four years of supervised release.”


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 312. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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