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October 4, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 455 (down from 480) Currently positive-testing staff: 476 (down from 497) Recovered inmates: 42,988 (unchanged) Recovered staff: 7,809 (up from 7,773)


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

Herlong FCI: 68 (unchanged)

Beaumont USPI: 61 (down from 69)

Sheridan FCI: 61 (unchanged)

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

Oakdale I FCI: 27 (unchanged)

Phoenix FCI: 27 (unchanged)

Forrest City Low FCI 16 (unchanged)

System-wide testing results: Presently, BOP has 131,758 federal inmates in BOP-managed institutions and 14,505 in community-based facilities. Today's stats: Completed tests: 122,485 (up from 122,270) Positive tests: 42,979 (down from 43,003)

Total vaccine doses administered: 228,000

Case Note: Over objection court grants defendant compassion release to care for terminally ill wife...


In U.S. v. Lamont Moore, No. 3:15-CR-00101-TMB-2, 2021 WL 4492853 (D. Alaska Sept. 30, 2021), the court granted defendant's application for compassionate release to care for his terminally will wife, rejecting numerous, cynical, government objections, explaining: "Proceeding to the merits, the Court finds that Moore has demonstrated “extraordinary and compelling reasons” to justify his release. Moore is the only available caregiver for his incapacitated wife who urgently needs his help.39 The Court agrees with the Sentencing Commission that such circumstances are “extraordinary and compelling.”40 Allison should not suffer alone, and Moore should not be kept from caring for his wife of over 15 years during what might be the final moments of her life.


Further, the Court is satisfied that Moore's Motion, including Allison's medical records and defense counsel's sworn declaration, establish the urgency of the situation.41 The Government disagrees, arguing that Moore's claims are “suspect.”42 In doing so, the Government selectively cites to portions of Allison's medical records and suggests they demonstrate that Moore and his counsel are exaggerating Allison's medical condition.43 The Government also claims Moore's assertion that Allison has had a breathing tube is incompatible with his attorney's report that he spoke with Allison, saying, “The defendant told [the USPO] that his wife had a breathing tube, leading [the USPO] to surmise she may be unable to speak, but his attorney spoke to her.”44 The Government has offered no evidence showing the selected portions of Allison's medical records are irreconcilable with Moore's claim that Allison was given six months to live without a liver transplant. Absent such evidence, the Court will take Moore and his counsel at their word.45 Similarly, the Court rejects the Government's argument that Moore's claims are incompatible with his attorney's declaration. The fact that the USPO “surmise[d]”46 Allison was unable to “readily communicate”47 with the USPO does not compel the Court to conclude Allison could not have spoken to her husband's attorney. Moore's attorney has put his professional credibility at stake by submitting a sworn declaration attesting to his conversation with Allison in which she explained the seriousness of her prognosis.48 This evidence is sufficient under the circumstances.


*4 In addition, while the Government claims emergency furlough would be a more appropriate form of relief, it offers no authority for the proposition that the existence of an emergency furlough program precludes the Court from granting compassionate release. Thus, the Court will not deny compassionate release on that basis.


The Court also finds that the relevant § 3553(a) factors weigh in favor of a sentence reduction here. Moore has spent over six years in custody and has made strong efforts to rehabilitate. While in prison, Moore “has taken classes on anger management and conflict resolution, helped suicidal inmates, worked as a mental health counselor, and helped build the Restorative Justice Initiative at the Spring Creek Correctional Center.”49 Moore's probation officer wrote about Moore's time at the Spring Creek Correctional Center that “[i]f [someone] was in crisis, security staff would call Mr. Moore over to help deescalate the person. He was asked to move into the [mental health] unit after a while and lived in the mental health unit for over 150 days” where he was “pretty much on call for [anyone] in the unit that was in crisis.”50 Moore also says he is a “changed man,” pointing to his significant work helping his peers in prison and noting, “I've taken steps to better myself and in the process I've helped others along the way.” The Court is inclined to agree and finds that Moore is no longer a danger to the community such that his release should be denied. Thus, while drug conspiracy is a serious crime, Moore's characteristics and the time he has already served satisfy the sentencing goals in this case.


The Government relies only on Moore's criminal history to argue that he cannot be safely released.51 This argument ignores the substantial work Moore has done while incarcerated to better himself and his community.52 Acknowledging the seriousness of Moore's criminal history, the Court finds his demonstrated rehabilitation efforts, coupled with his wife's urgent need for his care, outweigh Moore's criminal record. In addition, Moore will be subject to supervised release, which mitigates concerns that Moore will pose a danger to his community upon release."



Death Watch (Note: The BOP press website announcing BOP COVID-related deaths has been moved to here.) The BOP has identified a previously-tallied inmate fatality as Tammy J. Lamere, 50, of FMC Carswell, who died September 30, 2021. The inmate death toll remains at 261. Ten of these inmates died while on home confinement. Staff deaths remain at 6.


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