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September 21, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts: Currently positive-testing inmates: 588 (down from 627) Currently positive-testing staff: 559 (down from 562) Recovered inmates: 42,985 (up from 42,887) Recovered staff: 7,539 (up from 7,502)


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

Herlong FCI: 153 (up from 113)

Sheridan FCI: 91 (down from 94)

Coleman Low FCI: 89 (down from 98)

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

Oakdale I FCI: 26 (unchanged)

Beaumont USP: 25 (up from 24)

Phoenix FCI: 20

System-wide testing results: Presently, BOP has 131,365 federal inmates in BOP-managed institutions and 14,364 in community-based facilities. Today's stats: Completed tests: 121,654 (up from 121,608) Positive tests: 43,098 (up from 43,038)

Total vaccine doses administered: 223,534

Case Note: Treating U.S.S.G. § 1B1.13 (policy statement) as binding is reversible error...


In U.S. v. EDGAR VILORIA UDARBE, Defendant-Appellant., No. 21-10062, 2021 WL 4240509 (9th Cir. Sept. 17, 2021) (unpublished) (per curium), the court vacated an order denying compassionate release because the district court employed the wrong standard, explaining, "Udarbe contends that the district court did not fully recognize its discretion to grant him relief because it incorrectly believed it was constrained by U.S.S.G. § 1B1.13. In United States v. Aruda, 993 F.3d 797 (9th Cir. 2021), which we decided after the district court denied Udarbe's motion, we held that “U.S.S.G. § 1B1.13 is not an applicable policy statement for 18 U.S.C. § 3582(c)(1)(A)(i) motions filed by a defendant.” Id. at 802. Thus, a district court may not treat § 1B1.13 as binding in assessing a compassionate release motion brought by a prisoner. See id. Here, the district court treated § 1B1.13 as applicable, and explained that, in keeping with the Guideline, Udarbe needed to show that he had a serious medical condition that diminished his ability to provide self-care in a correctional facility. See U.S.S.G. § 1B1.13 cmt. n.1(A)(ii). While the court ultimately determined that Udarbe did not have sufficient risk factors to indicate that he would suffer a severe case of COVID-19 if he were to become reinfected with it, we cannot discern to what degree that determination was affected by the court's application of § 1B1.13. Accordingly, we vacate the district court's order and remand so that the district court can assess Udarbe's motion under the standard set forth in Aruda. We offer no views as to the merits of Udarbe's motion.”



Death Watch: The BOP has reported no additional inmate deaths, which remain at 256. Eight of these inmates died while on home confinement. Staff deaths remain at 6.





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