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September 20, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 100 BOP facilities and 16 RRCs

Currently positive-testing inmates: 267 (down from 314) Currently positive-testing staff: 571 (down from 668) Recovered inmates currently in the BOP: 49,090 (up from 49,055) Recovered staff: 13,919 (up from 13,808)


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

Berlin FCI: 36 (up from 34)

Yazoo City Low FCI: 31 (up from 24)

Houston FDC: 22 (down from 26)

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

Central Office HQ: 57 (unchanged)

Brooklyn MDC: 32 (unchanged)

Rochester FMC: 26

System-wide testing results: Presently, BOP has 142,689 federal inmates in BOP-managed institutions and 14,007 in community-based facilities. Today's stats: Completed tests: 128,706 (up from 128,705) Positive tests: 55,354 (up from 55,353)


Total vaccine doses administered: 329,722 (up from 329,709)


Case Note: Defendant's sentence reduced because today he would not be a career offender...


In U.S. v. QUINDELL FORD, Defendant., No. CR RDB-09-0219, 2022 WL 4278006 (D. Md. Sept. 15, 2022) (Bennett, J.), court grants defendant a 52-month reduction to account for changes in circuit precedent, which would not now result in a career offender enhancement, but declines no release because his history and circumstances of the offense weigh in favor of continued incarceration, explaining: "Ford argues that he is serving a disproportionately long sentence that is driven by the career offender guidelines and the Armed Career Criminal Act. (Ford Mot. 3–6, ECF No. 295; Ford Suppl. Mot. 3, ECF No. 309.) The petitioner claims that under current sentencing guidelines and recent precedent in this circuit, he would be eligible for a lesser sentence. … The petitioner points to recent precedent in this circuit which reevaluated the sentencing implications of a Hobbs Act robbery conviction. In United States v. Green, 996 F.3d 176 (4th Cir. 2021), the Fourth Circuit held that Hobbs Act robbery does not constitute a crime of violence under the career offender provisions of the United States Sentencing Guidelines. Id. at 185. Thus, if he were sentenced today, Ford would not be sentenced as a career offender and would instead be eligible for a lesser sentence under current guidelines. Ford therefore argues that his original sentence is significantly longer than it would be if he were sentenced today, and that this constitutes an extraordinary and compelling reason for compassionate release or a reduced sentence. … Under the Fourth Circuit's decision in Green, Ford's Hobbs Act robbery conviction as to Count Six would not be considered a crime of violence under the career offender provisions of the United States Sentencing Guidelines. See Green, 996 F.3d at 185. As a result, if Ford were sentenced today under this precedent his criminal history category under the current sentencing guidelines would be a Category III rather than a Category VI. .. With these adjustments in mind, the effective advisory sentence guidelines for Ford would be 247 to 284 months imprisonment. (See Letter from XUSPO Sentencing Consultants, ECF No. 309-2, at 7.) This guideline is significantly lower than the guideline range of 292 to 365 months that was calculated in the presentence report and the 336-month sentence that Ford ultimately received. (PSR ¶ 136*; Judgment 2.) As of the date of this opinion, Ford has already served approximately 160 months—more than 13 years—of his 336-month sentence. This is less than half of his sentence, but more than half of the sentence he could receive if sentenced today. Ford's 336-month sentence is therefore “grossly lengthy” compared to the sentences received for similar offenses today, which supports a finding of an extraordinary and compelling reason for a reduction in sentence. As with any other compassionate release motion, a court must conduct an “individualized assessment” under § 3553(a) to determine a defendant's eligibility for a reduction. … First, Ford has a substantial criminal history that was noted at sentencing. … Ford has also accrued various infractions while in prison, including refusing to obey orders, lying or falsifying a statement, fighting with another individual, and possession of a dangerous weapon as recent as 2020. (BOP Records, ECF No. 316-7.) Finally, this Court expressed its “firm belief” during Ford's sentencing that he would have received the same sentence “even if he were not classified as a career offender.” … Due to the nature of Ford's involvement in multiple armed robberies, his extensive criminal history, and his prison disciplinary record, any reduction in sentence in this case will not lead to Ford's immediate release. … However, considering Ford's prior convictions, the severity and violent nature of the robberies he was involved in, as well as his conduct in prison, Ford's sentence will remain on the higher end of this spectrum. This Court will reduce Ford's sentence as to Count Six to 188 months of incarceration, which— when served consecutively with Ford's 96-month sentence as to Count Seven—will result in a total sentence of 284 months of incarceration.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced two new COVID-related fatalities but have not yet identified the victims. The total number COVID-related inmate deaths has therefore risen to 308. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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