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September 8, 2021: COMPASSIONATE RELEASE and BOP COVID-19 BLOG



Quick Facts: Currently positive-testing inmates: 527 (up from 508) Currently positive-testing staff: 515 (up from 502) Recovered inmates: 42,857 (down from 42,880) Recovered staff: 7,335 (up from 7,315)


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

Coleman Low FCI: 74

Mendota FCI: 46 (up from 45)

San Diego MCC: 63

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

Pollock USP: 40 (up from 39)

Oakdale I FCI: 24 (up from 22)

Beaumont USP: 21 (unchanged)

System-wide testing results: Presently, BOP has 131,083 federal inmates in BOP-managed institutions and 14,351 in community-based facilities. Today's stats: Completed tests: 120,825 (up from 120,822) Positive tests: 42,899 (up from 42,896)

Total vaccine doses administered: 218,984

Case Note: Defendant's medical conditions in fact are extraordinary and compelling, BOP has failed to provide him a needed evaluation and consistent treatment, and threat of re-infection real even if diminished by vaccine...


In U.S. v. HUY TRINH, 2021 WL 3932016, at *3–4 (N.D. Cal. Sept. 2, 2021) (Illiston, J.), the court found that, like justice, treatment delayed can amount to treatment denied, explaining: "The government opposes compassionate release on the sole ground that defendant has failed to present extraordinary and compelling reasons warranting release. The government argues that because Mr. Trinh has already had COVID-19 and has received the Johnson & Johnson vaccine, there is very little risk that Mr. Trinh will be reinfected with the virus. The government also asserts that Mr. Trinh has not presented evidence of medical conditions that, according to CDC guidance, place him at a significant enhanced risk during the current pandemic. The Court finds Mr. Trinh has presented extraordinary and compelling reasons justifying compassionate release based on Mr. Trinh's ongoing blood clotting disorder, age, other health issues, and possibility of reinfection. Of primary concern is Mr. Trinh's blood clotting disorder and the fact that Mr. Trinh's left leg is currently swollen and painful. The CDC has stated that cerebrovascular disease or disease that affects blood flow to the brain is a condition that can lead to severe illness from COVID-19. See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html; see also United States v. Hanson, 470 F. Supp. 3d 1197, 1201-1202 (D. Or. 2020) (granting compassionate release to inmate who had genetic condition predisposing him to blood clots and who had experienced two pulmonary embolisms in the past, along with other health issues such as asthma). It is undisputed that earlier this year Mr. Trinh had emergency surgery to remove extensive blood clots from his left leg that he developed as a result of COVID-19, and it is further undisputed that he is presently experiencing swelling and pain in that same leg. The Court is troubled by Mr. Trinh's reports of interruptions in receiving his blood thinning medication. The Court is also troubled that although a vascular evaluation was approved in July, and notwithstanding the current swelling and pain in his leg, the evaluation has not yet occurred or been scheduled, with only a “target date” for such an evaluation in late October. Further, according to defendant's papers – and also not disputed by the government – it is difficult if not impossible for Mr. Trinh to exercise (as recommended by his doctors) because of COVID protocols and lockdowns at the facility. Thus, Mr. Trinh is not able to provide self-care for his blood clotting disorder. The government argues that Mr. Trinh's risk of severe viral symptoms and death is reduced because he has already had COVID and has received a COVID-19 vaccine. While the current scientific evidence indicates that vaccines provide significant protection against developing serious illness, the government does not dispute that vaccinated and/or previously infected individuals do face some risk of reinfection and becoming sick. Further, the Court notes that the scientific evidence regarding COVID-19 is constantly evolving, and that the studies and cases cited by the government in its papers pre-date the spread of the more infectious Delta variant of COVID-19. The Court also finds that Mr. Trinh is not a danger to the community, and the government does not contend otherwise. Upon release, Mr. Trinh will live with a long-time friend who states that she can provide him with stable and secure employment.”)



Death Watch: The BOP has tallied two new inmate COVID-19 fatalities, bringing the inmate death toll to 250. One of the two has been identified as Rakeem Baskerville, 46, of FCI Bennettsville. Five of these inmates died while on home confinement. Staff deaths remain at 5.


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