Please ensure Javascript is enabled for purposes of website accessibility
 
Search

November 2, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 130 (down from 148) Currently positive-testing staff: 290 (down from 351) Recovered inmates: 42,764 (up from 42,747) Recovered staff: 8,266 (up from 8,190)


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

Canaan UPS: 27 (up from 14)

Forrest City Medium FCI: 10 (down from 12)

Brooklyn MDC: 9

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

Forrest City Medium FCI: 21 (unchanged)

Forrest City Low FCI: 21

Devens FMC: 14

System-wide testing results: Presently, BOP has 133,146 federal inmates in BOP-managed institutions and 14,786 in community-based facilities. Today's stats: Completed tests: 124,295 (up from 124,205) Positive tests: 42,461 (unchanged)


Total vaccine doses administered: 240,249 (up from 239,924)

Case Note: Defendant can't use compassionate release as a substitute for a sentencing reduction for post-sentence cooperation under Fed.R.Crim.P. 35...


In U.S. v. Claude, No. 20-3563, 2021 WL 4979254 (3d Cir. Oct. 27, 2021) (published) (Rendell, J.), the Third Circuit held that CR does cannot be used in lieu of Fed R. Cr. P 35 to obtain a reduction for post-sentencing assistance, explaining: "In this appeal we must decide whether a defendant may, in the absence of a government motion, obtain compassionate release based solely on his post-sentencing substantial assistance in investigating or prosecuting another person. We hold that a defendant may not. While Congress, in passing the First Step Act, altered, among other things, the procedure for obtaining compassionate release, it left Federal Rule of Criminal Procedure 35(b), which governs reductions in sentences for such substantial assistance, unchanged. Thus, as it was before the First Step Act, a district court may reduce a defendant's sentence based upon the defendant's post-sentencing substantial assistance only upon a government motion. Evens Claude filed a motion for compassionate release seeking a reduction in his sentence to time served based on his having allegedly provided post-sentencing substantial assistance in the Government's pursuit of a drug and child pornography prosecution. Although Claude characterized his motion as a motion for compassionate release, the District Court concluded that because his motion centered on his purported substantial assistance to the Government, Claude was not eligible for relief unless the Government moved, under Federal Rule of Criminal Procedure 35(b), for a reduction on Claude's behalf. As we agree, we will affirm the order of the District Court. … Claude alleged that, four years earlier, he provided crucial assistance, which allowed the Government to “bust[ ] someone with multiple kilos of cocaine” and “locat[e] a cell phone that was part of a child pornography indictment.” Suppl. App. 9. Despite his alleged substantial assistance, however, the Government did not file a Fed. R. Crim. P. 35(b) motion on his behalf. Instead, the Government filed a Rule 35(b) motion on behalf of another prisoner who, Claude insists, “provid[ed] absolutely nothing” to the Government. Suppl. App. 9. Thus, he argued that “someone else ... reap[ed] the benefits” of his efforts. Suppl. App. 9. As the Government's Rule 35(b) motion to reduce the sentence of this other person was granted, what resulted, Claude argued, was a “gross disparity” between his sentence and that of the purportedly undeserving cooperator. … To permit a defendant to move unilaterally for “compassionate release” based on his own perceived substantial assistance would contravene Congress's expressed intent as embodied in Rule 35 that the Government, subject to constitutional limitations, decides whether to move for a reduction in sentence based on such assistance. The decision to move for a reduction in sentence based on a defendant's post-sentencing substantial assistance is reserved to the Government alone.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-19 fatalities. Total inmate COVID-related deaths remain at 266. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

23 views0 comments