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May 26, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 95 (up from 88) Currently positive-testing staff: 249 (up from 236) Recovered inmates currently in the BOP: 51,315 (down from 51,448) Recovered staff: 12,709 (up from 12,702)


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

Waseca FCI: 15 (unchanged)

Tallahasee FCI: 12

Guaynabo MDC: 10 (unchanged)

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

Central Headquarters: 25 (up from 23)

Victorville Medium I: 13 (unchanged)

Victorville USP: 13 (unchanged)

System-wide testing results: Presently, BOP has 139,190 federal inmates in BOP-managed institutions and 13,560 in community-based facilities. Today's stats: Completed tests: 128,720 (unchanged) Positive tests: 55,368 (unchanged)


Total vaccine doses administered: 318,941 (up from 318,706)


Case Note: Defendant's post-stroke "moderate disability" does not warrant 80% sentence reduction...


In U.S. v. DOMINIC DORSEY, 2022 WL 1644439 (C.D. Cal. May 23, 2022) (Snyder, J.), the court held that defendant, who eight years into a 40-year sentence suffered a stroke, was not entitled to relief where the BOP could probably care for him and his disability was described as "moderate,", explaining: "On July 26, 2016, defendant and a co-defendant were convicted at retrial of one count of conspiracy to commit Hobbs Act robbery, 18 U.S.C. § 1951(a); five counts of Hobbs Act robbery; and five counts of brandishing a firearm in furtherance of, and during and in relation to, each Hobbs Act robbery, 18 U.S.C. § 924(c)(1)(A)(ii). Dkt. 235. Defendant and his co-defendant, Reginald Bailey, robbed at gunpoint several gas stations and a retail bank. … Upon the guilty verdict, on May 31, 2019, this Court sentenced defendant to 40 years and one day imprisonment, followed by a three-year term of supervised release. … Defendant began serving his term in the custody of the Bureau of Prisons (“BOP”) at United States Penitentiary Victorville. Mot. at 2. On September 13, 2020, defendant suffered an acute stroke. Id. at 2, 3. According to his BOP medical records, defendant was admitted to a local hospital on September 15, 2019, due to signs of a stroke. Dkt. 483, Exh. C (“Med. Records”) at 7. A note entered on September 17, 2019, reports that a CT scan of defendant's head and an MRI of his brain revealed a non-hemorrhagic acute stroke of the left brain. Id. Defendant had incoherent speech and paralysis of his upper and lower extremities on his right side. Defendant was transferred to a rehabilitation hospital on October 1, 2020, where he received physical therapy, occupational therapy and SLP (undefined) five days per week. …The record goes on to state that defendant was “[s]till using wheelchair mainly, but trying to increase time with walker. However, needs significant reinforcement and cues from Rehab Team.” Id. Defendant still needed “moderate assistance” with verbal expression. Id. ... At some point apparently in February 2021, defendant was transferred to United States Medical Center for Federal Prisons, Springfield, Missouri (“MCFP Springfield”). Opp. at 5. As of February 18, 2021, BOP medical records indicate that defendant suffers a “[s]elf-[c]are deficit related to inability to perform ADL's [activities of daily living] independently,” and that defendant “requires assistance with ADL's to include turning/repositioning, tray set up, showering, dressing and diaper care.” … Defendant's status report and the Nath report indicate that defendant suffers from a “moderate disability.” … Nath also found that, with respect to whether Dorsey may pose a physical threat to others, “given [defendant's] noted right arm and leg weakness, it is unlikely that he would be able to have the ability to ambulate swiftly and use his hands to mount a powerful physical assault on another individual.” … The warden conceded that defendant was “in a debilitated medical condition as defined by section 3(b)” of the BOP Program Statement No. 5050.50, but nevertheless concluded that, “in light of the nature and circumstances of Mr. Dorsey's offense and his criminal history, his release at this time would minimize the severity of his offense and pose a danger to the community.” … The government responds that, although defendant “undoubtedly suffers from real medical conditions ... none of his health conditions warrant his release from custody,” particularly considering defendant requests a permanent, 80% reduction in his sentence. Opp. at 11. Furthermore, the government argues that defendant has not shown “how the extensive care he is receiving from the BOP is substandard or lacking.” Id. Finally, the government contends that the threat of COVID-19 cannot constitute an extraordinary and compelling reason for release. … Defendant has suffered what appears to be a major stroke and, according to the BOP, was in a debilitated medical condition. There is some suggestion that the BOP does not expect defendant to fully recover. See dkt. 479-2, Exh. B at 1. On the other hand, defendant's medical records from October 2020, and February 2021, indicate some improvement in his condition. Moreover, it appears that, at this time, defendant's condition can be adequately managed at MCFP Springfield. Although defendant may not make a full recovery on his right side, he is able to walk with the assistance of rolling walker. Nath Rep. 4-5. Additionally, there is no reason that defendant's hypertension and right-side weakness cannot be managed in BOP custody. In sum, the Court finds that defendant's condition, which appears to be a “moderate disability,” is not an extraordinary and compelling reason that justifies an 80% reduction in his sentence, especially given the serious nature of defendant's criminal conduct.”


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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