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November 22, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 105 (up from 95) Currently positive-testing staff: 259 (down from 263) Recovered inmates: 42,290 (down from 42,295) Recovered staff: 8,434 (up from 8414)


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

McKean FCI: 21 (up from 19)

Hazelton FCI: 6 (unchanged)

Butner FMC: 5 (unchanged)

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

Florence ADMAX USP: 17 (unchanged)

Carswell FMC: 13 (unchanged)

McKean FCI: 13

System-wide testing results: Presently, BOP has 134,198 federal inmates in BOP-managed institutions and 14,928 in community-based facilities. Today's stats: Completed tests: 125,821 (up from 125,427) Positive tests: 41,982 (up from 41,976)


Total vaccine doses administered: 254,455 (up from 252,397)


Case Note: Drug defendant with long-haul COVID-19 symptoms released, without Government opposition, from one-year sentence for VOSR, following the commutation of related state court sentence...


In U.S. v. FOY JAMES CHANDLER, 2021 WL 5348667 (D. Or. Nov. 16, 2021) (Aiken, J.), without Government opposition the court granted sick, long-haul COVID-19 defendant compassionate release from his one year sentence for violating supervised release, after Oregon commuted related state sentence, explaining: "Before the Court is defendant Foy James Chandler's Unopposed Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (Compassionate Release) (doc. 76). The Court held a hearing on November 16, 2021 and granted the motion for the following reasons. … On February 20, 2020, the Court revoked Mr. Chandler's supervised release, in part for committing new drug and unlawful possession of firearms offenses in Jackson County, Oregon. The Court also sentenced him to a 12-month term of imprisonment, to be served consecutively to his state sentences for those offenses. Mr. Chandler was in custody of the Oregon Department of Corrections for the worst of the COVID-19 pandemic. Eventually, due to Mr. Chandler's health conditions, the nature of his offense, the amount of his state sentence he had served, and his disciplinary record, Oregon Governor Kate Brown commuted his state sentence. Mr. Chandler was then transferred to the Custody of the Bureau of Prisons (“BOP”). He is now being held at Federal Detention Center (“FDC”) SeaTac and has a projected release date of March 20, 2022. Mr. Chandler is 54 years old and suffers from serious health conditions, including Stage 4 cirrhosis of the liver, Hepatitis C, esophageal varices, “ground glass” nodules in his lungs, and hypertension. He has become infected with COVID-19 twice and continues to suffer complications from COVID-related pneumonia. … Mr. Chandler asks the Court to reduce his sentence to time served and order him to reside in a residential reentry center. At the hearing, the United States Probation Office reported that they have determined that placement at the Northwest Regional Reentry Center (“NWRRC”) in Portland would be appropriate at this time, whether Mr. Chandler will transition back to Southern Oregon will be reevaluated later. … The Court agrees with the parties that Mr. Chandler's serious medical conditions, combined with the global COVID-19 pandemic and resulting lockdowns at BOP facilities, which prevent him from being able to engage in necessary self-care for his conditions, present extraordinary and compelling reasons to reduce his sentence. The Court also finds that the sentencing factors enumerated in 18 U.S.C. § 3553(a) weigh in favor of compassionate release, especially given the just over fourth-month sentence reduction that Mr. Chandler seeks. Based on these findings, Mr. Chandler is entitled to compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) and his motion (doc. 76) is GRANTED.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-19 fatality. Total inmate COVID-related deaths remain at 267. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.



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