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October 14, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 261 (down from 274) Currently positive-testing staff: 455 (down from 470) Recovered inmates: 42,986 (down 43,101) Recovered staff: 7,949 (up from 7,926)


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

Three Rivers FCI: 40 (down from 42)

Phoenix FCI: 34 (unchanged)

Beaumont USPI: 29 (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 132,121 federal inmates in BOP-managed institutions and 14,544 in community-based facilities. Today's stats: Completed tests: 122,954 (down from 123,100) Positive tests: 42,795 (down from 42,922)


Total vaccine doses administered: 232,448 (up from 231,362)

Case Note: Defendant who received pre-Apprendi life sentence cut lose after serving 35 years of a life sentence...


In U.S. v. JAMES ROGERS, 2021 WL 4641177 (D. Md. Oct. 7, 2021) (Bennett, J.), the court granted defendant's compassionate release motion, after he served 35 years of a pre-Apprendi life sentence that would now be capped at 30 years, explaining: "In 1993, Defendant James Rogers (“Rogers”) was convicted by a jury of conspiracy to distribute a kilogram or more of heroin, as well as distribution and possession with intent to distribute 100 grams or more of heroin. (Verdict Form, ECF No. 516-3.) At the time Rogers was sentenced, the Federal Sentencing Guidelines were mandatory, and required a sentence of 30 years to life for these offenses. (Rogers’ Mot. Sent. Reduction 2-4, ECF No. 516.) Applying those guidelines, and accounting for facts found by a preponderance of the evidence during sentencing, the Honorable Marvin J. Garbis of this Court sentenced Rogers to life in prison. (Id. 1–2.) Rogers is now 57 years old and has been in prison for over 35 years. (Id. at 1–2, 6.) Today, the Sentencing Guidelines are no longer mandatory, but advisory, and the longest sentence Rogers would face for the same offenses is 30 years. See United States v. Booker, 543 U.S. 220 (2005); Apprendi v. New Jersey, 530 U.S. 466 (2000). He has served well over this maximum. … In his Motion for Sentence Reduction, Rogers references the intervening changes in sentencing law, the severity of his sentence, his heightened susceptibility to COVID-19, and his sincere efforts at rehabilitation as grounds to reduce his original sentence to time served. …The severity of Rogers’ sentence, and its unconstitutionality under modern sentencing law, are even more noteworthy. Courts have routinely found that dramatic changes in federal sentencing law constitute extraordinary and compelling reasons to reduce a criminal sentence. … Rogers’ life sentence was imposed pursuant to then-mandatory Sentencing Guidelines, with an offense level calculated based on this Court's finding that the conspiracy had involved between 10 and 30 kilograms of heroin. (PSR ¶ 27.) This process of finding “sentencing facts” by a preponderance of the evidence has since been ruled a violation of the Sixth Amendment. See generally Alleyne v. United States, 570 U.S. 99 (2013); Apprendi v. New Jersey, 530 U.S. 466 (2000). … Excising the facts that were found during sentencing by a preponderance of the evidence, the maximum sentence Rogers could face for these offenses would be 30 years unless death or serious bodily injury resulted. See 21 U.S.C. §§ 841(b)(1)(C); 846. As Rogers’ life sentence would be unconstitutional today, this Court has no difficulty finding that extraordinary and compelling circumstances justify reducing his sentence.”



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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