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May 25, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 88 (up from 85) Currently positive-testing staff: 236 (down from 238) Recovered inmates currently in the BOP: 51,448 (down from 51,534) Recovered staff: 12,702 (up from 12,691)


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

Waseca FCI: 15 (down from 16)

Guaynabo MDC: 10 (unchanged)

Otisville FCI: 7 (unchanged)

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

Central Headquarters: 23 (up from 21)

Victorville Medium I: 13 (unchanged)

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 138,963 federal inmates in BOP-managed institutions and 13,441 in community-based facilities. Today's stats: Completed tests: 128,720 (up from 128,713) Positive tests: 55,368 (up from 55,361)


Total vaccine doses administered: 318,706 (up from 318,500)


Case Note:


In U.S. v. NATHANIEL GRAHAM, A/K/A NASTY, 2022 WL 1632168 (W.D.N.C. May 23, 2022) (Whitney, J.), the court found that inmate's transfer to another facility weakened claim that conditions of confinement are extraordinary and compelling, explaining: "At the time Defendant filed his Motion, he was imprisoned at USP Lewisburg, a Bureau of Prisons (“BOP”) facility in Pennsylvania. (Doc. No. 1192, p. 3). As of the date of this Order, Defendant is now currently incarcerated at FCI Gilmer in West Virginia with a projected release date of July 29, 2033. (Doc. No. 1196-1, p. 1). … Here, the Government concedes that Defendant made a request to the BOP for compassionate release, and it was subsequently denied. (Doc. No. 1196, p. 2). Therefore, it is clear from the record that Defendant exhausted his administrative remedies in compliance with § 3582(c)(1)(A). However, the Court recognizes that Defendant's conditions of confinement have materially changed since he has been transferred to FCI Gilmer. See United States v. Barnes, No. 20-7730, 2022 WL 152417, at *2 (4th Cir. Jan. 18, 2022) (recognizing that the defendant's “condition and circumstances have changed materially since the court denied his motion,” and concluding that the defendant “should have the opportunity to argue why he is entitled to compassionate release based on his current condition and circumstances.”). In an unpublished decision from the Fourth Circuit, the court noted that since the defendant “requested a sentence reduction, not just removal from his then-current place of incarceration,” it would “still be possible that [he] could obtain the relief he requested.” United States v. Spicer, No. 21-7739, 2022 WL 910907, at *1 n.* (4th Cir. Mar. 29, 2022) (per curiam). Therefore, while the Defendant's arguments pertaining to the conditions of USP Lewisburg as a basis for compassionate release are moot, the Court finds it prudent to continue the analysis to the merits of Defendant's ancillary arguments in favor of relief. See United States v. Ketter, 908 F.3d 61, 65 (4th Cir. 2018) (“A case becomes moot only when it is impossible for a court to grant any effectual relief.”) (internal case citations and quotations omitted; emphasis in original)). … Further undermining Defendant's argument is the fact that he has been transferred from the two facilities he focuses the majority of his complaints on in his Motion. While the Court does not foreclose Defendant from future filings based on concerns as to his current location, there is nothing within the record describing Defendant's particularized risk of contracting the disease at his new prison facility. Therefore, as it relates to Defendant's personal circumstances, he has produced no particularized evidence which would allow this Court to weigh against the needs for incarceration.”


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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