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September 2, 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 13 RRCs

Currently positive-testing inmates: 616 (up from 591) Currently positive-testing staff: 680 (up from 677) Recovered inmates currently in the BOP: 49,108 (down from 49,188) Recovered staff: 13,659 (up from 13,658)


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

Schuylkill FCI: 116 (up from 112)

Canaan USP: 49 (unchanged)

Yazoo City Low FCI: Sheridan FCI: 48 (up from 27)

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

Central Office HQ: 59 (unchanged)

Rochester FMC: 32 (unchanged)

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 (unchanged) Positive tests: 55,371 (unchanged)


Total vaccine doses administered: 328,933 (up from 328,803 )


Case Note: Defendant's 101-day intermittent confinement sentence reduced because RRC facility won't let him in and out due to COVID...


In U.S. v. MICHAEL CAREY EUBANK, Defendant., No. 3:19CR86, 2022 WL 3970196 (E.D. Va. Aug. 31, 2022) (Gibney Jr, J.) (Defendant’s 101 day intermittent confinement sentence — he only reported to the RRC on weekends and holidays — was reduced because the RRC, due to COVID, won’t allow him in and so he’s been unable to serve his sentence: "On June 24, 2019, Eubank pleaded guilty to one count of conspiracy to defraud the United States for his role in a scheme to lower the mileage readings reflected on car odometers. (ECF Nos. 9, 10.) Eubank came before the Court with no criminal history, and on November 1, 2019, the Court sentenced Eubank to 105 days of intermittent confinement to be served concurrently with three years of supervised release. (ECF Nos. 22, 24.) In the judgment, the Court included the terms of the service of Eubank's intermittent confinement as “a condition of [his] supervised release” and required that Eubank serve his term of intermittent confinement on weekends and holidays. From November 15, 2019, through March 15, 2020, Eubank dutifully served fifty-one days of his term of intermittent confinement on the weekends.(Id.at 1.) But since the beginning of the COVID-19 pandemic, the Residential Reentry Center has not been able to “facilitate intermittent confinement weekend time.” (Id.) Accordingly, fifty-four days of his intermittent confinement sentence remain. Since that time, no facility has allowed Eubank to complete his outstanding sentence … because the “jails authorizing inmates to serve their time intermittently in the Eastern District of Virginia [have] discontinued” those programs. Eubank first brought this issue to the Court's attention on December 7, 2021, and, since that time, his circumstances have not changed.Because Eubank's term of supervised release ends on November 2, 2022, the discontinuation of these programs has made it impossible for Eubank to complete his remaining sentence in the requisite time unless he completes his sentence as “straight time.” (SeeECF No. 24, at 4 (requiring as a condition of Eubank's supervised release that he complete his 105-day term of intermittent confinement on weekends and holidays); ECF No. 40, at 1.) Eubank finds himself between Scylla and Charybdis—faced with either violating the terms of his release or closing his business and fundamentally altering his life to serve the remainder of his sentence as “straight time.” (ECF No. 40, at 1.) The Court finds that, in practice, this is no choice at all. When considered in light of Eubank's successful adjustment to the other terms of his supervised release and his demonstrated dedication to paying restitution to the victims of his crimes, the Court finds that an extraordinary and compelling reason warrants a sentence reduction in this case. … To require Eubank to temporarily close his business to serve his remaining sentence would frustrate the Court's intent in imposing intermittent confinement and would result in a sentence “greater than necessary” under§ 3553(a). Having considered the relevant sentencing factors as well as Eubank's rehabilitative efforts, restitution payments, and good behavior while on supervised release, the Court finds that Eubank has met his burden of proving to the Court that he qualifies for a sentence reduction. The Court finds that Eubank has demonstrated an “extraordinary and compelling reason” justifying a sentence reduction under 18U.S.C. §3582(c)(1)(A) and that the § 3553(a) factors support the same. Accordingly, the Court will GRANT Eubank's motion.”

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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