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March 8, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 308 (down from 358) Currently positive-testing staff: 470 (up from 467) Recovered inmates: 54,496 (up from 54,470) Recovered staff: 12,149 (up from 12,144)


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

Rochester FMC: 46 (down from 57)

Marion USP: 39 (up from 37)

Alderson FPC: 17

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

Grand Prairie: 33 (unchanged)

Central Office HQ: 30 (up from 29)

Florence ADMAX: 28 (unchanged)

System-wide testing results: Presently, BOP has 134,432 federal inmates in BOP-managed institutions and 12,603 in community-based facilities. Today's stats: Completed tests: 128,872 (up from 128,871) Positive tests: 55,520 (up from 55,519)


Total vaccine doses administered: 303,951 (up from 275,102)


Case Note:

In U.S. v. NAKIE HARRIS, Defendant - Appellant., No. 21-6781, 2022 WL 636627 (4th Cir. Mar. 4, 2022) (unpublished) (per curium), the Fourth Circuit that although the district court acknowledged defendant's positive post-sentencing conduct in reviewing § 3553(a), it abused its discretion in finding it could not be considered as part of the extraordinary and compelling calculus, explaining: "On appeal, Harris disputes the district court's conclusion that he failed to demonstrate extraordinary and compelling reasons supporting compassionate release based on the combination of the COVID-19 pandemic (particularly within the context of his prison environment), his obesity, and his rehabilitation. We vacate and remand for further proceedings. … Here, the district court found no extraordinary and compelling reasons warranting compassionate release. In reaching this finding, however, the district court did not consider the impact of Harris' post-sentencing conduct and evidence of rehabilitation on the extraordinary and compelling reasons analysis. The district court expressly commended Harris' efforts at rehabilitation and positive conduct during his incarceration but declined to consider the impact of this evidence outside the context of the § 3553(a) inquiry—an inquiry that the court also declined to undertake based on its finding that Harris failed to establish the threshold requirement of extraordinary and compelling reasons. As the district court correctly observed in a prior order, rehabilitation alone cannot serve as a basis for compassionate release. 28 U.S.C. § 994(t). However, we have recognized that successful rehabilitation efforts can be considered as “one among other factors” establishing extraordinary and compelling reasons for release. McCoy, 981 F.3d at 286 n.9. By categorically refusing to consider the impact of Harris' rehabilitative efforts, in combination with the other circumstances Harris presented, when conducting the extraordinary and compelling reasons analysis, the district court committed an error of law. See Jenkins, 22 F.4th at 167. Additionally, the district court's omission precludes us from determining that the court conducted a sufficient individualized assessment of Harris' circumstances, precluding meaningful appellate review of the district court's substantive decision.” … Accordingly, we vacate the district court's order and remand for further proceedings consistent with this opinion. In so doing, we express no opinion on the merits of Harris' motion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.”


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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