Please ensure Javascript is enabled for purposes of website accessibility
top of page
Search

May 2, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 53 BOP facilities and 5 RRCs

Currently positive-testing inmates: 192 (up from 188) Currently positive-testing staff: 31 (up from 28) Recovered inmates currently in BOP: 44,057 (unchanged) Recovered staff: 15,274 (up from 15,272)


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

Yazoo City Low FCI: 104 (up from 103)

Yazoo City Medium FCI: 14 (unchanged)

Dublin FCI: 8 (unchanged)


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

Forrest City Low FCI: 3 (unchanged)

Central Office HQ: 2 (unchanged)

Coleman Low FCI: 2


System-wide testing results: Presently, BOP has 145,481 (up from 145,473) federal inmates in BOP-managed institutions and 13,463 (down from 13,525) in community-based facilities. Today's stats: Completed tests: 128,640 (up from 128,639) Positive tests: 55,288 (up from 55,287)


Total vaccine doses administered: 350,076 (unchanged)


Case Note: District court factually erred in finding that defendant's applicable guideline range at the initial sentencing was 240-life when in fact it was 240 months flat as a result of the then-applicable mandatory minimum ...


In U.S. v. Gonzalez, No. 22-50200, 2023 WL 3092295 (9th Cir. Apr. 26, 2023) (unpublished) (per curium), the court court vacated the district court's order denying defendant's motion for compassionate release based on a no-retroactive Guidelines amendment, and remanded for further proceedings because district court factually erred in finding that defendant's applicable guideline range at the initial sentencing was 240-life when in fact it was 240 months flat as a result of the then-applicable mandatory minimum, explaining: "Jose Gonzalez appeals pro se from the district court's order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand. The district court correctly acknowledged that it could consider the First Step Act's non-retroactive changes to the applicable mandatory minimum in assessing whether to grant compassionate release. See United States v. Chen, 48 F.4th 1092, 1098 (9th Cir. 2022). However, it determined that those changes did not constitute extraordinary and compelling circumstances in this case because Gonzalez's Guidelines range at sentencing was “240 months to life,” and it would resentence him “within the Guideline range of no fewer than 240 months.” The government has acknowledged that the district court's conclusion was based on incorrect determinations of fact as to the Guidelines range that applied at Gonzalez's initial sentencing and the range that would apply if Gonzalez were sentenced today. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (district court abuses its discretion if it relies on clearly erroneous material facts to deny compassionate release). The record shows that the Guidelines range at sentencing was 240 months—not 240 months to life—solely because of the then-applicable mandatory minimum. See U.S.S.G § 5G1.1(b). We, therefore, vacate the district court's order denying Gonzalez's motion and remand for the district court to reconsider whether the First Step Act's reduction in the applicable mandatory minimum, along with other intervening changes in sentencing law, support Gonzalez's request for compassionate release. See Chen, 48 F.4th at 1101.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The total number of inmate COVID-related deaths is 317. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

30 views0 comments

Comments


bottom of page