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October 6, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts (Full BOP Stats can be found here) Currently positive-testing inmates: 364 (up from 363) Currently positive-testing staff: 462 (down from 472) Recovered inmates: 43,108 (down from 43,117) Recovered staff: 7,860 (up from 7,834)


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

Three Rivers FCI: 46

Beaumont USPI: 41 (down from 42)

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 18 (up from 16)

System-wide testing results: Presently, BOP has 132,007 federal inmates in BOP-managed institutions and 14,487 in community-based facilities. Today's stats: Completed tests: 122,749 (up from 122,660) Positive tests: 43,013 (down from 43,018)


Total vaccine doses administered: 229,171

Case Note: Recently diagnosed cancer supports compassionate release...


In U.S. v. Yoelfi Feliz, 2021 WL 4521967 (D.N.H. Oct. 4, 2021) (McCafferty, J.), the defendant's recently diagnosed cancer, though itself probably non-fatal, supported compassionate release, the court explaining: "Feliz was arrested on December 18, 2017, and he has been in custody on these charges since that time. On March 19, 2018, Feliz entered guilty pleas on both counts of the indictment without the benefit of a plea agreement. … The court also factored into its sentence the fact that Feliz had never received treatment for his issues with drug addiction, mental health, and anger management, as well as his relative youth at the time of the instant offenses. See id. Given the 10-month sentence on Count I and the mandatory 60-month, consecutive sentence on Count II, the court ultimately sentenced Feliz to 70 months’ imprisonment. As of the date of Feliz's hearing on the instant motion he had served approximately 45.5 months, which is 75% of his 70-month sentence (counting anticipated good-time credits). According to the government, Feliz's estimated release date is March 12, 2023—18 months from now. … Here, Feliz was diagnosed in May 2021 with a form of cancer known as “acute promyelocytic leukemia” (“APL”) and is undergoing chemotherapy. Although APL is highly curable, both the disease itself and available treatments reduce blood platelet levels and inhibit blood clotting.This can lead to prolonged bleeding from minor cuts, marks and bruises occurring for no reason or because of only minor injuries, and even bleeding in the brain or lungs—which can be fatal. Due to these bleeding complications, APL is “still linked with a significant incidence of early death during the initial course of treatment.” Given Feliz's diagnosis and attendant treatment, it cannot be disputed that he is at heightened risk of severe illness should he contract COVID-19. Indeed, the government “agrees that [Feliz's] health conditions meet the threshold requirement of extraordinary and compelling reasons” for a sentence reduction. … Because Feliz has served a majority of his sentence, the serious nature of his offense is accounted for even in granting his request for a sentence reduction. … Feliz's history and personal characteristics support a sentence reduction. This 70-month sentence is the first incarcerative sentence Feliz has served. He was only 20 years’ old at the time of the instant offense; thus, Feliz has spent nearly all his adult life incarcerated on the instant charges. … Feliz's criminal history was driven in part by his untreated drug addiction. Feliz consumed alcohol to excess from age 14 until his arrest for the instant offense. He also began smoking marijuana at age 14 and smoked marijuana on average five times per day until his arrest. He began using cocaine at age 17 and consumed between one and two grams per day. He has also experimented with opiates. Feliz needs drug treatment and has expressed a willingness to participate in treatment. The court included a recommendation in Feliz's sentence that he participate in BOP's Residential Drug Treatment Program (“RDAP). … Feliz's guidelines sentence on Count I was 18-24 months, but the court sentenced him to just 10 months on that charge given Feliz's lack of prior incarcerative sentences, his untreated drug and mental health issues, and his relative youth. Reducing Feliz's sentence to time served adequately meets the goals of sentencing considering the proportion of his sentence he has already served as well as the serious and unexpected leukemia diagnosis that has developed since the time of sentencing.”


Death Watch (Note: The BOP press website announcing BOP COVID-related deaths is located here.) The BOP today announced the death, on September 28,2021, of FMC Devens inmate Frank Locascio, 89. The inmate death toll now stands at 262. Ten of these inmates died while on home confinement. Staff deaths remain at 6.


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