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October 12, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 317 (down from 325) Currently positive-testing staff: 474 (down from 482) Recovered inmates: 43,034 (down from 43,071) Recovered staff: 7,892 (up from 7,868)


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

Three Rivers FCI: 44 (up from 41)

Beaumont USPI: 35 (down from 41)

Phoenix FCI: 34 (unchanged)

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

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Low FCI 19 (unchanged)

System-wide testing results: Presently, BOP has 132,076 federal inmates in BOP-managed institutions and 14,491 in community-based facilities. Today's stats: Completed tests: 123,066 (up from 122,066) Positive tests: 42,939 (up from 42,939)


Total vaccine doses administered: 231,362 (up from 230,833)

Case Note: Cautionary tale: facts existing at time of sentence cannot provide extraordinary and compelling circumstances in support of compassionate release application...

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In U.S. v. JACKIE LEE KNUCKLES, JR., 2021 WL 4593977 (E.D. Mich. Oct. 6, 2021) (Ludington, J.), the court, applying the Sixth Circuit’s rule prohibiting consideration of factors known at sentencing for purposes of extraordinary and compelling circumstances, denied compassionate relief, explaining: "Defendant requests compassionate release based on the incapacitation of his fiancée, who is the primary caregiver for their three minor children. See ECF No. 518 at PageID.2752. According to his Presentence Investigation Report (“PSR”), Defendant's fiancée is “medically disabled.” The PSR also indicates that one of Defendant's children was diagnosed with autism and has “limited verbal skills.” Defendant claims that there are is no other caregiver for his children because his mother has a brain tumor and his father “is neither capable [n]or willing to care for [his] [three] children.” See ECF No. 518 at PageID.2752. Defendant's family circumstances, though surely difficult, do not constitute an extraordinary and compelling reason for reducing his sentence. The Sixth Circuit Court of Appeals has clearly stated that “facts that existed when the defendant was sentenced cannot later be construed as ‘extraordinary and compelling’ justifications for a sentence reduction.” Hunter, 2021 WL 3855665 at *4. A contrary rule, according to the Sixth Circuit, would “render[ ] the general rule of finality and the extraordinary-and-compelling-reasons requirement ‘superfluous, void or insignificant.’ ” Id. at *9 (quoting Corley v. United States, 556 U.S. 303, 314 (2009)). As demonstrated by the PSR, Defendant's family circumstances were known and considered at the time of sentencing. Indeed, Defendant's counsel specifically referenced the autism diagnosis in his sentencing memorandum. See ECF No. 336 at PageID.1343. And Defendant has not demonstrated or even alleged that his fiancée's condition has worsened since the time of sentencing. This Court cannot “simply tak[e] facts that existed at sentencing and repackage[e] them as ‘extraordinary and compelling.’ ” See Hunter, 2021 WL 3855665, at *9.”



Death Watch (Note: The BOP press website announcing BOP COVID-related deaths is located here.) The inmate death remains at 262. Ten of these inmates died while on home confinement. Staff deaths remain at 6.

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