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May 16, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 118 (up from 115) Currently positive-testing staff: 213 (up from 204) Recovered inmates currently in the BOP: 51,803 (down from 51,852) Recovered staff: 12,631 (unchanged)


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

Miami FDC: 15 (down from 17)

Rochester FMC: 14 (up from 12)

Guaynabo MDC: 9 (unchanged)

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

Rochester FMC: 27 (unchanged)

Central Office HQ: 20 (unchanged)

Victorville Medium I FCI: 13 (unchanged)

System-wide testing results: Presently, BOP has 138,620 federal inmates in BOP-managed institutions and 13,391 in community-based facilities. Today's stats: Completed tests: 128,716 (down from 128,725) Positive tests: 55,364 (down 55,373)


Total vaccine doses administered: 317,128 (up from 316,776)


Case Note:


In U.S. v. CRAIG WILLIAMS, 2022 WL 1488695 (E.D.N.Y. May 11, 2022) (Hurley, J.), the court reduced defendant's de facto life sentence to 40 years citing the non-retroactivity of the anti-924(c) stacking amendment and petitioner’s rehabilitation, expaining: "Between May 1, 1991 and October 1, 1991, Craig Williams and his coconspirators committed multiple armed post office and bank robberies, often engaging in extremely threatening and brutal conduct. … Williams's disregard for human life is further evidenced by his conduct concomitant with his arrest on October 10, 1991. When agents pulled over the vehicle he was driving, he bolted from the car and fled on foot. “After being pursued by the arresting agents for approximately [one] mile, ... Williams shot a pursuing agent three times, once in the stomach and twice in the leg.” (Id. ¶ 26). Fortunately, the agent survived. … On May 11, 1994, this Court sentenced him to 160 years and 8 months in prison, followed by 5 years of supervised release. … Williams contends an extraordinary and compelling reason exists due to (1) the now-impermissible mandatory stacking of his § 924(c) sentences, responsible for 145 years of Williams's 160-year sentence, (2) the COVID-19 pandemic, and (3) his significant rehabilitative efforts while imprisoned. This Court agrees, but only as to the first and the third. … In the absence of binding Second Circuit precedent, this Court agrees with the reasoning of its sister district courts in rejecting the Government's position: the “full slate of extraordinary and compelling reasons” includes the legal injury inflicted as a result of the outdated § 924(c) stacking provision and the resultant sentencing disparity between then and now. E.g., United States v. Sessoms, 2021 WL 4592522, at *2 (E.D.N.Y. Oct. 6, 2021); United States v. Robles, 2021 WL 3524067, at *3–4 (S.D.N.Y. Aug. 10, 2021); United States v. Ballard, 2021 WL 3285009, at *4–5 (S.D.N.Y. Aug. 2, 2021); Reid, 2021 WL 837321, at *5; United States v. Haynes, 456 F. Supp. 3d 496, 514–16 (E.D.N.Y. 2020). Indeed, “the Second Circuit explicitly mentioned the ‘injustice of a defendant's lengthy sentence’ as a factor that a district court might consider in favor of a sentence reduction, as ‘Congress seemingly contemplated that courts might consider such circumstances when it passed the original compassionate release statute in 1984.’ ” United States v. Vargas, 502 F. Supp. 3d 820, 827 (S.D.N.Y. 2020) (quoting Brooker, 976 F.3d at 238). … With an eye towards present circumstances, as opposed to those in the past, however, the § 3553(a) factors weigh in favor reducing Williams's sentence. For that reason, the Court grants Williams's motion to reduce his sentence. The Court's “discretion in [reducing a term of imprisonment]—as in all sentencing matters—is broad.” Brooker, 976 F.3d at 237. That is, the Court is not constrained to reduce Williams's sentence to what it would have been had it sentenced Williams today because Congress did not make the change to § 924(c) retroactive. Hughes v. United States, 138 S. Ct. 1765, 1773 (2018) (“If an amendment applies retroactively, the [Sentencing Reform Act of 1984] authorizes district courts to reduce the sentences of prisoners who were sentenced based on a Guidelines range that would have been lower had the amendment been in place when they were sentenced.”). … The totality of § 3553(a) factor justifies resentencing Williams's term of imprisonment to a total 40 years (of which he has served approximately 30 years), which reflects a sufficient but not greater than necessary term that accomplishes the purposes of sentencing. This sentence, still lengthy, respects the extremely serious nature of Williams's offenses, reflects the need to effect general deterrence, provides just punishment, and promotes respect for the law.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no additional COVID-related inmate fatalities, leaving the total at 295. Eleven of the inmates died while on home confinement. Staff deaths remain at 7



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