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October 6, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 91 BOP facilities and 12 RRCs

Currently positive-testing inmates: 257 (up from 233) Currently positive-testing staff: 407 (up from 403) Recovered inmates currently in the BOP: 48,787 (down from 48,930) Recovered staff: 14,162 (down from 14,170)


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

Yazoo City Medium FCI: 83 (up from 47)

Oakdale II FCI: 23 (unchanged)

Seagoville FCI; 20


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

Central Office HQ: 58 (unchanged)

Brooklyn MDC: 33 (unchanged)

Rochester FMC: 27 (unchanged)

System-wide testing results: Presently, BOP has 143,064 federal inmates in BOP-managed institutions and 14,125 in community-based facilities. Today's stats: Completed tests: 128,704 (up from 128,702) Positive tests: 55,352 (up from 55,350)


Total vaccine doses administered: 330,593 (up from 330,277)


Case Note:


In U.S. v. v. GARIBALDI PEREZ SOLORIO, 2022 WL 4763121, (M.D. Fla. Oct. 3, 2022) (Corrigan, CJ), the court denied compassionate release, notwithstanding defendant’s stage 5 kidney disease and other problems, which, though extraordinary and compelling no more justify release now then they did on the last go-round two years ago, explaining: "The Court accepts that Defendant's medical conditions qualify as an “extraordinary and compelling reason” under U.S.S.G. § 1B1.13, cmt. 1(A). That said, Defendant's circumstances are essentially identical to the last time he moved for compassionate release in 2020. The Court recognized then that Defendant has Stage 5 chronic kidney disease and other maladies, including hypertension, chronic pain due to trauma, anemia, secondary hyperparathyroidism, vitamin D deficiency, hyperlipidemia, and metabolic disorder. (Doc. 451 at 1–2.) However, the Court determined that compassionate release was unwarranted because Defendant's kidney disease is treated by routine dialysis, he is not elderly, he resides at a dedicated medical facility, and the § 3553(a) factors do not support a reduction. (Id. at 3–4.) The Court also observed that compassionate release might not serve Defendant's interests because he is subject to an immigration detainer, and were he to be released from Springfield MCFP (where he has access to regular dialysis and round-the-clock medical care), it is unclear he would have access to medical treatment. (Id. at 4–5.) The same analysis holds true today. The medical records continue to reflect that Defendant's conditions are treated and monitored (see generally Doc. 483-2 (Medical Records)), and that he receives routine kidney dialysis (id. at 236–356 (hemodialysis records)). If anything, the risk from COVID-19 is less acute now than it was two years ago. Defendant has since received the Moderna COVID-19 vaccine (Doc. 483-4), and the number of inmates and staff with active infections at his facility is lower now. In October 2020, Springfield MCFP had 51 inmates and 8 staff members who were positive for COVID-19 (Doc. 451 at 3); today, only 8 inmates and 3 staff members are positive.2 Further, “[t]he application of the [§ 3553(a)] factors today is the same as two years ago.” (Doc. 483 at 9; see also Doc. 451 at 3–4.)”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today the BOP identified no additional inmate fatalities and so the total number COVID-related inmate deaths remains at 308. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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