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September 1, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 115 BOP facilities and 16 RRCs

Currently positive-testing inmates: 591 (up from 526) Currently positive-testing staff: 677 (up from 659) Recovered inmates currently in the BOP: 49,188 (down from 49,265) Recovered staff: 13,658 (up from 13,647)


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

Schuylkill FCI: 112 (up from 100)

Canaan USP: 49 (up from 41)

Yazoo City Low FCI: Sheridan FCI: 27

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

Central Office HQ: 59 (unchanged)

Rochester FMC: 32 (up from 29)

Carswell FMC: 28 (unchanged)

System-wide testing results: Presently, BOP has 141,865 federal inmates in BOP-managed institutions and 13,934 in community-based facilities. Today's stats: Completed tests: 128,723 (up from 128,722) Positive tests: 55,371 (down from 55,370)


Total vaccine doses administered: 328,803 (up from 328,589)


Case Note: Every month helps...


In U.S. v. Moore, No. CR-17-42-BMM, 2022 WL 3656988 (D. Mont. Aug. 25, 2022) (Morris, CJ), the court knocks six months off defendant’s sentence to account for COVID, explaining: "Defendant John Kevin Moore moved the Court to reduce his sentence under 18 U.S.C. § 3582(c)(1)(A) on February 2, 2022. (Doc. 219.) Moore is currently serving a sentence of 98 months for wire fraud, money laundering, false statements, and felon in possession. … His scheduled release date is May 27, 2023. Moore is now 66 years old. See Inmate Locator, www.bop.gov/inmateloc (accessed August 24, 2022). … Moore asserts that he suffers respiratory failure, fatigue, vertigo, nausea, dizziness, and a severely damaged immune system. (Doc. 219 at 4.) Moore has contracted COVID-19 twice while incarcerated. (Doc. 219 at 5.) The Center for Disease Control (“CDC”) indicates that the elderly along with those with certain underlying conditions are at an increased risk for serious illness or death with the contraction of COVID-19. … The Government points out that at the time of writing their brief there was only 1 staff member and 1 prisoner with COVID-19 at Morgantown FCI. (Doc. 221 at 8.) As of the date of this order there are currently 2 staff members and 0 inmates with COVID-19 at Morgantown FCI. ... Moore's health concerns are relevant, but he is receiving proper medical care and his concerns do not outweigh the § 3553(a) factors. … The Court also recognizes that Moore is not a violent offender, but he would still pose a high risk to the public if he were to be released. Moore has been convicted of 21 felonies in this case and has been repeatedly revoked when on supervised release. (Doc. 221 at 4.) The Court determines that extraordinary and compelling reasons exist to reduce Moore's sentence, but not to grant Moore's motion for compassionate release effective immediately. The Court determines that COVID-19 poses a continued risk to Moore's health. In light of the COVID-related concerns for Moore's health, the Court will reduce Moore's sentence to 92 months.”)

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-related fatalities. The total number COVID-related inmate deaths remains at 306. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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