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November 2, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 86 BOP facilities and 9 RRCs

Currently positive-testing inmates: 238 (up from 231) Currently positive-testing staff: 318 (up from 315) Recovered inmates currently in the BOP: 48,244 (down from 48,309) Recovered staff: 14,381 (up from 14,361)


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

Carswell FMC: 54 (down from 56)

Butner FCI: 51 (up from 49)

Phoenix FCI: 29 (down from 40)


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

Central Office HQ: 58 (unchanged)

Rochester FMC: 27 (unchanged)

Brooklyn MDC: 13 (unchanged)

System-wide testing results: Presently, BOP has 144,041 federal inmates in BOP-managed institutions and 13,948 in community-based facilities. Today's stats: Completed tests: 128,672 (unchanged) Positive tests: 55,320 (unchanged)


Total vaccine doses administered: 335,006 (up from 334,671)


Case Note: Dying and almost finished with his sentence, defendant is released without Government opposition...


In U.S. v. LEO HINSON, Defendant., No. 4:02-CR-60025, 2022 WL 15524972 (W.D. Va. Oct. 27, 2022) (Moon, J.), with Government "non-opposition," court grants immediate release to dying inmate at the end of his sentence, explaining, "This matter is before the Court on Defendant Leo Hinson's pro se motion for compassionate release, Dkt. 161, and supplemental motion for compassionate release, Dkt. 167. The Government has filed a motion of non-opposition as to Defendant's supplemental motion for compassionate release. Dkt. 169.

Mr. Hinson is 80 years-old, is dying from Myelomonocytic Leukemia (CMML), and has served 99.2 percent of his statutory term (20 years and 8 months). Dkt. 167 at 1; Dkt 167, Ex. A at D-005 and D-220. He also suffers from acute hypoxemic respiratory failure, cardiovascular disease, and anemia. Id. at 1. The Bureau of Prisons plans to release him next month. Id. His doctors have explained to him he will eventually die from complications with the disease. … Mr. Hinson's circumstances fit within he first category of “extraordinary and compelling reasons” in the application notes to § 1B1.13. The first category covers a defendant who “is suffering from a terminal illness (i.e., a serious and advanced illness with an end-of-life trajectory). A specific prognosis of life expectancy (i.e., a probability of death within a specific time-period) is not required. ...And Mr. Hinson, afflicted with CMML, suffers from a terminal illness. Mr. Hinson also fits within the next category in the application notes to § 1B1.13. It covers a defendant who is “suffering from a serious physical or medical condition,” or “experiencing deteriorating physical or mental health because of the aging process that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.” Mr. Hinson has been experiencing more fainting spells, requiring supplemental oxygen, and needing more blood transfusions, Dkt. 167 at 8; id., Ex. D-009, D-013, D-0148, therein falling within this category. The application note for USSG § 1B1.13 states that the Court should consider a defendant's age when the defendant is “at least 65 years old; (ii) is experiencing a serious deterioration in physical or mental health because of the aging process; and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.” Again, Mr. Hinson is 80 years old and has served over 99 percent of his term of imprisonment. The Court next considers the § 3553(a) sentencing factors. … He only had five minor non-violent infractions over the twenty years he was incarcerated. Id. at 10; id., Ex. B. He has continued to take educational courses despite his prognosis, taking courses as recently as August 2022. … Because there are extraordinary and compelling reasons for his early release, the § 3553(a) factors support a sentencing reduction, and there is no opposition from the Government, the Court grants Defendant's motions for early release and sentences him to time-served.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) No new deaths within the BOP have been announced, leaving the reported inmate death toll at 309. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

Job Posting: The Center for Justice and Human Dignity

The Center for Justice and Human Dignity is an education, advocacy, and training center, focused on advancing meaningful change in prison sentencing practices with the goal of reducing the number of people sent to prison and expanding the judicial use of alternative-to-incarceration sanctions.


The Center for Justice and Human Dignity is seeking an Executive Director who will have overall programmatic, operational, development, and fundraising responsibility for the development of CJHD and its staff, programs, public engagement, and execution of its mission. The Executive Director will establish and operationalize programmatic goals and strategic initiatives in alignment with stakeholder interests (including the board and the organization’s founder). Their role will include developing relationships with partners, establishing and implementing fundraising strategy, and leading public relations/media, programs, and operations. The Executive Director will be responsible for (in collaboration with the board and founding partner) the development and implementation of a self-sustaining, funding infrastructure to establish the organization’s full financial independence from its incubator. This position is remote and open to applicants in any location within the United States.


Respond to: aviva@aleph-institute.org


Complete Posting can be viewed here.

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