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September 14, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts: Currently positive-testing inmates: 474 (down from 553) Currently positive-testing staff: 553 (down from 563) Recovered inmates: 42,997 (up from 42,858) Recovered staff: 7,423 (up from 7,372)


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

Herlong FCI: 85 (up from 58)

San Diego MCC: 61 (up from 52)

Coleman Low FCI: 44 (down from 81)

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

Pollock USP: 41 (up from 40)

Oakdale I FCI: 25 (unchanged)

Beaumont USP: 23 (unchanged)

System-wide testing results: Presently, BOP has 131,028 federal inmates in BOP-managed institutions and 14,394 in community-based facilities. Today's stats: Completed tests: 121,085 (up from 121,027) Positive tests: 42,991 (up from 42,929)

Total vaccine doses administered: 221,134

Case Notes: Two cases in which the Government did not oppose compassionate release...


in U.S. v. Ihejiere, 2021 WL 4122583 (D.N.H. Sept. 9, 2021) (McCafferty, J.), the court explains: "Ihejiere argues that his medical conditions—in particular his kidney transplant and subsequent immunosuppressant medications—give rise to an extraordinary and compelling reason for a sentence reduction because they place him at high risk of severe illness should he contract COVID-19. The government assents to Ihejiere's motion. … On January 3, 2020, the court sentenced Ihejiere to 25 months’ incarceration followed by three years of supervised release. Ihejiere's self-surrender date was delayed as the Bureau of Prisons (“BOP”) attempted to find space for him in an appropriate facility (given his medical conditions). During this delay, the COVID-19 pandemic began. Ihejiere began his period of incarceration at FMC Devens on June 30, 2020, and his release date is April 7, 2022. Accounting for good time credit, he is eligible for home detention in approximately 4 months (on January 22, 2022) and has served 65 percent of his sentence. … The government's medical expert, Dr. Muir, confirmed that, according to CDC recommendations, there is a high risk that Ihejiere will suffer adverse consequences if he contracts COVID-19. Courts have found that solid organ transplants are an extraordinary and compelling reason for release, even if a defendant has previously been infected with COVID-19 and is now vaccinated. … Although Ihejiere has had COVID-19 and is fully vaccinated, Ihejiere argues that he should be treated as unvaccinated because many transplant recipients may not get antibody protection from vaccination.6 After two vaccine doses, “[f]orty-six percent of transplant patients have had no evidence whatsoever that they had an antibody response to the vaccine.”7 The fact that Ihejiere voluntarily agreed to be vaccinated is laudable and is evidence that he makes responsible decisions with respect to his own medical care and with respect to the safety of others around him. Accordingly, the court finds that Ihejiere has shown an extraordinary and compelling reason for release because his medical conditions, in particular his kidney transplant and subsequent immunosuppressant medications, place him at high risk of severe illness should he contract COVID-19. The government agrees that Ihejiere has shown an extraordinary and compelling reason for release.”

In U.S. v. Priscilla Sue Jimenez, 2021 WL 4128993 (S.D. Ohio Sept. 10, 2021) (Graham, J.), the court explains: "Defendant pleaded guilty to possession with the intent to distribute one kilogram or more of heroin in violation of 21 U.S.C. § 841(a)(1). By judgment entered on October 25, 2018, she was sentenced to a term of incarceration of 84 months, to be followed by a 5-year term of supervised release. The Bureau of Prisons (“BOP”) reports that her projected release date from the institution is March 20, 2023. ... The government does not oppose the motion for early release. … Defendant also relies on the fact that Giovanni Levya, the father of her two sons, passed away in December of 2020. … At the time the PSR was prepared, defendant reported that her two sons resided with Levya, and that her daughter lived with her paternal grandparents, as the father of that child was in jail for robbery. Defendant argues that her release is warranted so that she can care for her children. Although the court is concerned about whether defendant is prepared to be a suitable caregiver for her children in light of her past substance abuse and mental health problems, the court will consider Levya's death in determining whether an extraordinary reason for defendant's release has been shown. … Based on the particular facts and circumstances before the court, including the lack of opposition by the government, the court concludes that the death of the parent caregiver of defendant's minor children and defendant's efforts at rehabilitation, considered together, are sufficient to constitute an extraordinary reason for early release in this case.”



Death Watch: The BOP has reported another -- as yet unnamed -- inmate death, bringing the inmate death toll to 253. Eight of these inmates died while on home confinement. Staff deaths have risen to 6.


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