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May 9, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Fast Facts (Full BOP stats can be found here) Currently positive-testing inmates: 112 (down from 143) Currently positive-testing staff: 180 (up from 175) Recovered inmates currently in the BOP: 52,054 (down from 52,083) Recovered staff: 12,612 (up from 12,607)


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

Miami FDC: 19 (unchanged)

Rochester FMC: 9

Butner FMC: 7

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

Central Office HQ: 20 (unchanged)

Rochester FMC: 20

Victorville Medium I FCI: 13 (unchanged)

System-wide testing results: Presently, BOP has 138,026 federal inmates in BOP-managed institutions and 13,350 in community-based facilities. Today's stats: Completed tests: 128,723 (down from 128,742) Positive tests: 55,371 (down from 55,390)


Total vaccine doses administered: 316,025 (up from 315,853)


News Note: Non-retroactivity of section 851 enhancement, changes in marijuana laws, and defendant's good prison record not sufficient to establish extraordinary and compelling circumstances...


In U.S. v. PETER ANTONIO TUBENS, 2022 WL 1405254 (D. Utah May 4, 2022) (Campbell, J.), the court found that neither non-retroactivity of the FSA amendment to 851 enhancement, nor changes in national perspective on marijuana are extraordinary and compelling, explaining, "Given that important caveat, the fact that Mr. Tubens would not have received a mandatory-minimum sentence of twenty years today does not qualify on its own as an extraordinary and compelling reason justifying early release.And his supplemental point that society's views on marijuana are changing does not add sufficient weight to his sentence disparity argument. Even though some states have decriminalized marijuana, the substance remains illegal in other states and in the federal criminal statutes. In attempt to bolster his argument, Mr. Tubens offers evidence of his efforts to rehabilitate. He has maintained regular employment in prison and has completed a variety of educational, personal, fitness, and religious study courses. And Mr. Tubens’ prison disciplinary record shows that, apart from a few minor infractions in 2014, he has had no disciplinary issues. Still, while Mr. Tubens’ employment, education, and disciplinary record at the prison are commendable, they are not unusual and do not add much to his position. The court finds that Mr. Tubens’ individual circumstances in combination with Congress’ non-retroactive limits on sentence enhancements and society's evolving views on marijuana do not establish extraordinary and compelling reasons for release. “Cases in which [a defendant's individual] circumstances warrant a finding of ‘extraordinary and compelling reasons’ should be relatively rare.” United States v. Maumau, 993 F.3d 821, 838 (10th Cir. 2021) (Tymkovich, J., concurring). Mr. Tubens does not fall within that rare exception.”)”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new inmate fatalities, leaving the total at 294. Eleven of the inmates died while on home confinement. Staff deaths remain at 7



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