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May 9, 2023: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 46 BOP facilities and 6 RRCs

Currently positive-testing inmates: 246 (up from 243) Currently positive-testing staff: 25 (down from 31) Recovered inmates currently in BOP: 43,850 (unchanged) Recovered staff: 15,281 (up from 15,276)


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

Yazoo City Low FCI: 136 (unchanged)

Alderson FPC: 49 (unchanged)

Yazoo City Medium FCI: 7(unchanged)


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

Forrest City Low FCI: 3 (unchanged)

Alderson FPC: 1

Berlin FCI: 1


System-wide testing results: Presently, BOP has 145,388 federal inmates in BOP-managed institutions and 13,627 in community-based facilities. Today's stats: Completed tests: 128,637 (unchanged) Positive tests: 55,285 (unchanged)


Total vaccine doses administered: 350,234 (up from 350,233)


Case Note: Multitude of factors, and the Government's assent, lead to reduction of life sentence to 240 months...


In U.S. v. JUAN MATA-SOTO, Defendant., No. CR 08-20160-01-KHV, 2023 WL 3275797 (D. Kan. May 5, 2023) (Vratil, J.), because the parties agreed that lifer-defendant showed extraordinary and compelling circumstances based on (1) defendant's young age at the time of the offense, (2) the law's changed views of the relationship between relative youth and culpability, (3) his lack of criminal history, (4) his ineligibility for time credits due to his alien status, (5) his rehabilitation, (6) defendant's belief he would receive a sentence of about ten years in prison by pleading guilty, and (7) the fact that he would likely receive a lower sentence if sentenced today, court reduces sentence to 240-months, explaining: “ On April 13, 2009, defendant pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii) and 846. … Based on a total offense level of 43 and a criminal history category I, defendant's Guidelines range was life in prison. Id., ¶ 79. On December 18, 2009, the Court sentenced defendant to life in prison. Defendant did not appeal. … The parties agree that defendant has shown extraordinary and compelling reasons for a reduced sentence. Likewise, the Court finds extraordinary and compelling reasons for a reduced sentence based on a combination of (1) defendant's young age at the time of the offence, (2) the law's changed views of the relationship between relative youth and culpability, (3) his lack of criminal history, (4) his ineligibility for time credits due to his alien status, (5) his rehabilitation, (6) defendant's belief he would receive a sentence of about ten years in prison by pleading guilty, and (7) the fact that he would likely receive a lower sentence if sentenced today. … Next, the Court must determine whether a sentence reduction is warranted, and the extent of any reduction, under the applicable factors set forth in 18 U.S.C. § 3553(a). See 18 U.S.C. § 3582(c)(1)(A). … In defendant's pro se motion, he asks for a sentence of 180 months. The FPD has filed a supplement which seeks a sentence of 240 months. The government argues that the Court should reduce defendant's sentence from life to 360 months. Defendant's proposed sentence of 180 months is inconsistent with the seriousness of his offense, the need for deterrence and the need to protect the public. In particular, defendant committed a significant drug trafficking offense. As part of the offense conduct, defendant was responsible for 78.93 kilograms of methamphetamine. … Even so, the Court finds that 240 months is sufficient, but not greater than necessary, to reflect the seriousness of the offense, afford adequate deterrence, protect the public and provide defendant needed treatment in the most effective manner. See 18 U.S.C. § 3553(a)(2)(A)–(D). At the time of his conviction in 2009, defendant had a first-grade education, was functionally illiterate in both Spanish and English and had no real work history. See PSR (Doc. #232), ¶¶ 75– 76. In prison, he has obtained his GED, has been learning English as a second language, has consistently participated in programming on a range of topics and completed many courses in various subjects. … Although defendant received an enhancement for possession of a firearm, he does not appear to pose a danger to society upon release. On balance, the factors under Section 3553(a) support a reduced sentence of 240 months.”


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.

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