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September 23, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG




Quick Facts: Currently positive-testing inmates: 627 (up from 545) Currently positive-testing staff: 530 (down from 567) Recovered inmates: 42,964 (down from 43,009) Recovered staff: 7,615 (up from 7,539)


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

Herlong FCI: 110 (up from 89)

Sheridan FCI: 92 (up from 91)

Coleman Low FCI: 87 (down from 88)

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

Oakdale I FCI: 26 (unchanged)

Beaumont USP: 25 (unchanged)

Phoenix FCI: 25 (up from 20)

System-wide testing results: Presently, BOP has 131,430 federal inmates in BOP-managed institutions and 14,489 in community-based facilities. Today's stats: Completed tests: 121,690 (up from 121,689) Positive tests: 43,086 (up from 43,081)

Total vaccine doses administered: 224,623

Case Note: logistical difficulties scheduling medical appointments, etc., was compromising defendant's health, justifying compassionate release...


In U.S. v. EDWARD LEE DONNES, 2021 WL 4290679 (D. Mont. Sept. 21, 2021) (Watters, J.), the court agreed with defendant, currently on home confinement pursuant to CARES, that logistical difficulties going through BOP to schedule medical appointments, etc., was compromising defendant's health, justifying compassionate release, explaining: "Defendant Donnes moves the Court for compassionate release under 18 U.S.C. § 3582(c)(1)(A). He is currently serving a 121-month sentence for a federal drug offense. See Judgment (Doc. 150). His projected release date is August 9, 2024. … Donnes is 59 years old and is currently serving his prison sentence on home confinement at his sister's house in Billings. He has several serious medical conditions, including cirrhosis, hepatic encephalopathy, and hepatitis C; hypertension, hyperlipidemia, and congestive heart failure; spinal stenosis; and insulin-dependent diabetes and associated neuropathy and retinopathy. He has also been diagnosed with hepatocellular carcinoma. As of July, there was no evidence of metastasis or lymph node involvement. Donnes expects to learn more about his prognosis in October. See, e.g., Def. Br. in Supp. (Doc. 241) at 3; BOP Medical Records (Doc. 243-1) at 26–29; Progress Note (Doc. 254) at 3; Presentence Report ¶¶ 69–70. Donnes’ principal reason for requesting compassionate release is the sheer difficulty of maintaining his numerous prescriptions and coordinating medical appointments and tests through BOP while also maintaining his in-home medication regimen. Although these issues are logistical, they have serious implications for Donnes’ health and safety. His conditions cause dizziness and confusion, which in turn interfere with his ability to understand and carry out what his doctors and BOP staff require of him. Due to unavoidable but tedious administrative issues among Donnes, his case manager, the insurance company, and the pharmacy, Donnes has at times been unable to obtain timely refills of his prescription medications. Twice he has gone as long as two weeks without necessary medication—once in June, when he had no Metformin, and once last January, when he lacked six prescription refills. See Br. in Supp. Ex. E (Doc. 241-5) at 1–5. While Donnes’ sister does as well as she can, his wife, Shelly, remains a primary care provider. That arrangement is difficult when Donnes is in Billings and Shelly and their adult sons are in Belgrade. When Donnes originally asked BOP to place him on home confinement, he asked to be placed in Belgrade. BOP granted him home confinement but placed him in Billings. Last May, Donnes asked BOP to transfer his home confinement location from Billings to Belgrade. For reasons neither BOP nor the United States has revealed, see, e.g., Resp. to Mot. (Doc. 242) at 15, 18–19, both requests for placement in Belgrade were denied. The Court cannot take unknown reasons into account in considering whether to reduce the sentence to time served. The Court finds Donnes’ need for assistance with his medical conditions is both extraordinary and compelling.”


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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