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October 29, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 155 (down from 164) Currently positive-testing staff: 369 (up from 367) Recovered inmates: 42,776 (down from 42,803) Recovered staff: 8,169 (up from 8,163)


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

Allenwood Low CI: 24 (unchanged)

Canaan UPS: 14 (unchanged)

Forrest City Medium FCI: 12 (unchanged)

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

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Medium: 21 (unchanged)

System-wide testing results: Presently, BOP has 132,043 federal inmates in BOP-managed institutions and 14,786 in community-based facilities. Today's stats: Completed tests: 124,194 (up from 124,165) Positive tests: 42,496 (down from 42,532)


Total vaccine doses administered: 239,008 (up from 238,306)

Case Note: A combination of defendant's ineligibility for retroactive relief from the 2014 USSG changes and the conditions of covid in Colombia/BOP warrant release...


In U.S. v. CARLOS ALBERTO CORREA-CASTANO, 2021 WL 4993556 (S.D.N.Y. Oct. 27, 2021) (Swain, CJ), the court found that a combination of defendant's ineligibility for retroactive relief from the 2014 USSG changes and the conditions of covid in Colombia/BOP warrant release, explaining: "On October 11, 2012, the Court sentenced him principally to a term of imprisonment of 180 months on each count, to run concurrently, to be followed by a five-year term of supervised release. (Docket entry no. 95.) Mr. Correa-Castano is currently incarcerated at the Federal Correctional Institution (“FCI”) Bennettsville (a medium security facility in South Carolina), and is currently expected to be released from Bureau of Prisons (“BOP”) custody on or about September 13, 2022. … Mr. Correa-Castano, who is a Colombian national with a pending detainer lodged on him by United States Immigration and Customs Enforcement (“ICE”), seeks immediate release from custody, claiming principally that his need to serve as a caretaker for his minor daughter and his mother (as a result of his father's death in March 2021 from COVID-19), his completion of the substantial majority of his sentence without disciplinary incident, and the conditions of his incarceration during the COVID-19 pandemic constitute extraordinary and compelling reasons to reduce his sentence. … In the nine years since Mr. Correa-Castano's sentencing hearing, there have been several developments relevant to this Court's evaluation of the section 3553(a) factors in this case. First, as explained at greater length in the Court's Order dated April 16, 2015 (docket entry no. 98 (the “April 2015 Order”)), the United States Sentencing Commission amended the United Sates Sentencing Guidelines Manual, effective November 1, 2014, to lower the guideline sentencing range for certain categories of drug offenses, including Mr. Correa-Castano's, and authorized the retroactive application of that amendment. Though the Court concluded that Mr. Correa-Castano was ineligible for a reduction in his sentence pursuant to those amendments—because his 180-month custodial sentence was lower than the low end of his as-amended guidelines range of 188 to 235 months (see April 2015 Order at 1-2)—the Court still considers this development in its consideration of the section 3553(a) factors. … With these developments and the section 3553(a) factors in mind, the Court next considers whether Mr. Correa-Castano's proffered extraordinary and compelling reasons warrant a reduction in his sentence. 18 U.S.C.A. § 3582(c)(1)(A). Mr. Correa-Castano principally proffers as such a reason that his father died in March 2021, of a COVID-19 infection and that, as a result, Mr. Correa-Castano's fifteen-year-old daughter and mother need him to serve as a caretaker and provider for the family. (Motion at 1-3; Reply at 1-2.)3 Mr. Correa-Castano's mother writes that, while she has been serving as the primary caretaker for her granddaughter, she has “nether the moral nor the financial strength to keep on doing it.” (Motion Ex. B.) Mr. Correa-Castano also reports that his mother is ill and unable to work outside the home. (Reply at 1; Surreply at ECF page 4.) He adds that the economic conditions in Colombia are difficult, that “there is not food, medical care, security, [or] payments for utilities in my family's house,” and that his daughter and mother need him for the provision of life's essentials and to “keep a sure shelter to [his] daughter and mom.” (Reply at 1-2.) Finally, Mr. Correa-Castano submits that his experience in custody during the COVID-19 pandemic—during which his facility's population “were double locked, without visits, without communication, [and] afraid about the [p]andemic” (Motion at 3)—constitutes a further circumstance warranting a reduction in his sentence. On the particular facts presented by Mr. Correa-Castano and in light of the applicable section 3553(a) factors discussed above, the Court concludes that Mr. Correa-Castano has met his burden to show that extraordinary and compelling circumstances warrant a reduction in his custodial sentence to time served. Even if Mr. Correa-Castano's family circumstances and experience during the COVID-19 pandemic might not each independently warrant such a reduction, when considered together and in the context of the 2014 amendments to the advisory guidelines applicable to Mr. Correa-Castano, they are together extraordinary and compelling circumstances warranting an effective eleven-month reduction in his sentence.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified a previously counted inmate COVID fatality as James Ray Sapp, 75, of FMC Butner, who died October 23, 2021. Total inmate COVID-related deaths remain at 266. Ten of the inmate fatalities died while on home confinement. Staff deaths remain at 7.

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