Please ensure Javascript is enabled for purposes of website accessibility
 
Search

September 15, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 579 (up from 474) Currently positive-testing staff: 565 (up from 553) Recovered inmates: 42,985 (down from 42,997) Recovered staff: 7,434 (up from 7,423)


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

Coleman Low FCI: 95 (up from 44)

Herlong FCI: 90 (up from 85)

Sheridan FCI: 65

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

Pollock USP: 41 (unchanged)

Oakdale I FCI: 25 (unchanged)

Beaumont USP: 23 (unchanged)

System-wide testing results: Presently, BOP has 130,972 federal inmates in BOP-managed institutions and 14,395 in community-based facilities. Today's stats: Completed tests: 121,015 (down from 121,085) Positive tests: 43,086 (up from 42,991)

Total vaccine doses administered: 221,715

Case Notes: Dying recipient of child pornography receives compassion...

In U.S. v. ROBERT WAYNE BURKE, 2021 WL 4146519 (S.D. Ohio Sept. 13, 2021) (Sargus, J.), although the Government agreed the terminal prognosis was extraordinary and compelling, it opposed release; the court disagreed, explaining: "On October 4, 2012, Burke pleaded guilty to receiving child pornography, in violation of 18 U.S.C. § 2252(a). (ECF Nos. 17, 18). The Court sentenced Burke to 151 months of incarceration, to be followed by 20 years of supervised release. (ECF Nos. 33, 34). Burke has now served over two-thirds of his sentence. According to Bureau of Prisons records, Burke is located at the Federal Medical Center in Butner, and he is set to be released on May 1, 2023. Burke is now 73 years old and in poor health. (ECF No. 39, PageID 128–30). He is not expected to live for more than another eighteen months. (Id.) Due to this prognosis, Burke sought a compassionate release from his warden on March 30, 2021, which was denied. (Id.) Burke then moved this Court for compassionate release. … The Government does not dispute that Burke's poor health and life-expectancy is an extraordinary and compelling reason for release. (Gov. Resp. at 4, ECF No. 41). The Court agrees that Burke's terminal prognosis is an extraordinary and compelling reason for release. … The nature and circumstances of the offense are among the worst; they are shocking and horrendous. While this Court will not go into the details of the offense here, it is enough to say that the nature and circumstances of the offense weighs heavily against release. Yet equally weighted on the other side of the scale is the characteristics of Burke: specifically, his age and medical prognosis. Burke's poor health has him needing assistance with even the most basic necessities. And, Burke is now at the end of his life. If this Court denies compassionate release here, it will have for all practical purposes converted Burke's sentence into a life sentence. This Court did not impose a life sentence. … And Burke's sentence has taken all but the very last of Burke's remaining time. While a reduced sentence would not provide just punishment if Burke had longer to live, here the sentence has taken nearly all the time Burke had left. Such was—and is—just. It is also sufficient. … Lastly, here the rehabilitation factor is a non-factor. At Burke's point in life, there is no significant benefit to any additional education or vocational training. As to medical care which the government could provide, it is important to note that Burke's medical prognosis is terminal. As such, the end result will be the same whether it occurs in prison or at home. Burke's desire is simply to die at home.”



Death Watch: The BOP has reported two more -- as yet unnamed -- inmate deaths, bringing the inmate death toll to 255. Eight of these inmates died while on home confinement. Staff deaths remain at 6.




28 views0 comments