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March 7, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 358 (down from 363) Currently positive-testing staff: 467 (down from 523) Recovered inmates: 54,470 (down from 54,535) Recovered staff: 12,144 (up from 12,084)


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

Rochester FMC: 57 (unchanged)

Marion USP: 37 (unchanged)

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 134,342 federal inmates in BOP-managed institutions and 12,631 in community-based facilities. Today's stats: Completed tests: 128,871 (down from 128,888) Positive tests: 55,519 (down from 55,536)


Total vaccine doses administered: 275,102 (down from 303,104)


Case Note: Yes, defendant now facing lower man-min, but sentence was driven by high guidelines and defendant's leadership status rather than the man-min...

In U.S. v. KEDRICK JENIFER, 2022 WL 619930 (D. Md. March 2, 2022) (Bennett, J.), the court acknowledged that defendant’s § 851 enhancement today would be 15 years instead of 20, but denied compassionate release because the sentence was not driven principally by the § 851 mandatory minimum but rather by defendant's high guidelines and leadership status, explaining: "On October 20, 2015, Kedrick Jenifer pled guilty to the sole count in the Superseding Indictment filed against him which charged with conspiracy to distribute and possess with intent to distribute cocaine. (Plea Agreement, ECF No. 259.) Jenifer admitted that beginning in or about September 2012 and continuing through October 2014, he was the leader of a drug trafficking organization that transported kilogram quantities of cocaine from Houston, Texas to Baltimore, Maryland. … In this case, the Government's § 851 notice referenced Jenifer's prior conviction for a narcotics offense in this Court as the predicate for the sentencing enhancement. See Case No. WDQ-03-0475. Accordingly, Jenifer is correct that if sentenced today, he would no longer face a 20-year mandatory minimum. This Court has held that sentencing disparities can constitute extraordinary and compelling reasons supporting compassionate release where a sentence was driven largely by a provision of law which has since been modified. See, e.g., United States v. Graham, No. RDB-11-094, 2022 U.S. Dist. LEXIS 13198, at *8 (D. Md. Jan. 25, 2022) (reducing a sentence from 147 years to 57 years where the original sentence was largely driven by stacked 25-year mandatory minimum terms under 18 U.S.C. § 924(c) which are no longer applicable) (citing McCoy, 981 F.3d at 285). In this case, however, Jenifer's advisory guidelines range was 292 to 365 months, a range driven primarily by the admitted drug quantity involved in the conspiracy and by the fact that Jenifer received a four-level upward adjustment for his role as an organizer and leader of the drug trafficking organization. (ECF No. 259 ¶ 6.) At sentencing, this Court determined that a variance below the advisory guidelines range to the then-applicable mandatory minimum of 240 months was appropriate given the sentences Jenifer's co-defendants had received. (Sentencing Tr., ECF No. 500-2 at 36.) Specifically, this Court noted that co-defendant Tyrone Allen, who was the “number-two individual in this organization,” had received a sentence of 16 years. (Id.) The record simply does not reflect that Jenifer's sentence was driven primarily by the enhanced mandatory minimum. Accordingly, this Court concludes that any sentencing disparity on the basis of changes to the applicable mandatory minimum does not constitute an extraordinary and compelling reason to reduce Jenifer's sentence.”


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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