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May 24, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 85 (down from 88) Currently positive-testing staff: 238 (up from 235) Recovered inmates currently in the BOP: 51,534 (down from 51,577) Recovered staff: 12,691 (up from 12,684)


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

Waseca FCI: 16 (unchanged)

Guaynabo MDC: 10 (up from 8)

Otisville FCI: 7 (unchanged)

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

Central Headquarters: 21 (up from 20)

Victorville Medium I: 13

Victorville USP: 13

System-wide testing results: Presently, BOP has 139,117 federal inmates in BOP-managed institutions and 13,413 in community-based facilities. Today's stats: Completed tests: 128,718 (up from 128,713) Positive tests: 55,366 (up from 55,361)


Total vaccine doses administered: 318,500 (up from 318,366)


Case Note: Vaccination is not a panacea...


In U.S. v. JAMES CHEEVERS (12), 2022 WL 1608563 (S.D. Cal. May 20, 2022) (Curiel, J.), the court finds that vaccination does not entirely protect defendant from second COVID-19 infection, and grants this defendant relief, explaining: "At sentencing, the Court denied Mr. Cheevers's request that his federal sentence run concurrently with his already imposed 10-year state sentence that he was serving at the time of his federal sentence. ECF No. 526 at 16. Thus, Mr. Cheevers's 105-month federal custodial sentence was set to begin after his release from state custody. Mr. Cheevers is 58 years old. ECF No. 459 (Pre-Sentence Report, “PSR”) at 3. At the time of the PSR, he reported that he suffered a stroke in 2012, which caused partial paralysis in his leg and requires he use a cane. Id. ¶ 95. No other medical conditions were reported. Mr. Cheevers now maintains that he is suffering from acute renal failure, stenosis and occultation of a cerebral artery, and deep vein thrombosis. Mot. at 6. Mr. Cheevers is currently serving his sentence at Bureau of Prisons FCI Florence. … Mr. Cheevers' argues that because he suffers from acute renal failure, stenosis and occultation of a cerebral artery, deep vein thrombosis, and history of a stroke, he is at risk of a severe illness if he were to contract COVID-19 again. Motion at 6. In its Opposition, the Government counters that Mr. Cheevers does not have an “extraordinary and compelling” reason because “as of May 2021, he has been fully vaccinated against the virus.” Opp. at 7. Mr. Cheevers has received two doses of the Moderna vaccine, but the records do not indicate whether he has been offered or received a third dose of the vaccine (a booster shot). … Mr. Cheevers has been under BOP's care and control since October 2, 2017, when he began serving his federal sentence. … History of strokes, substance abuse and kidney disease are all underlying conditions that can make an individual more likely to become severely ill from COVID-19. … Additionally, while Mr. Cheevers has been vaccinated against COVID-19, this Court as well as courts in other districts, have found extraordinary and compelling circumstances for individuals with health conditions that put them at a higher risk of severe illness if they were to contract COVID-19. See, e.g., United States v. Robles, No. 19CR4122, 2022 WL 229362 (S.D. Cal. Jan. 26, 2022); United States v. Palmer, PWG-13-623, 2021 WL 3212586, at *3 (D. Md. July 29, 2021) (“It is impossible to predict the impact of the vaccines on future strains of the virus, just as it is impossible to predict the impact of COVID-19 on [defendant's] specific medical issues.”) … The Court finds that the combination of Mr. Cheevers' myriad serious health conditions and the continuing concerns about the spread of variants of COVID-19 due to the conditions within BOP facilities nationwide, together constitute extraordinary and compelling circumstances.”



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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