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November 22, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG


Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 88 BOP facilities and 11 RRCs

Currently positive-testing inmates: 186 (up from 179) Currently positive-testing staff: 214 (down from 220) Recovered inmates currently in the BOP: 47,968 (down from 47,973) Recovered staff: 14,557 (up from 14,549)


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

Carswell FMC: 49 (up from 48)

Oklahoma City FTC: 19 (unchanged)

SeaTac FDC: 11 (unchanged)


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

Central Office HQ: 58 (unchanged)

Fairton FCI: 11 (up from 10)

Western RO: 7


System-wide testing results: Presently, BOP has 144,938 federal inmates in BOP-managed institutions and 13,841 in community-based facilities. Today's stats: Completed tests: 128,662 (up from 128,658) Positive tests: 55,310 (up from 55,306)


Total vaccine doses administered: 338,826 (up from 338,822)


Case Note: Defendant released four months early to care for elderly, infirm mother and step-father...


In U.S. v. Anthony Keith Meister, No. CR172961DWFLIB, 2022 WL 16966707, at *1 (D. Minn. Nov. 16, 2022) (Frank, J.), the court released defendant four months early to care for his elderly and sick mother and step-father, explaining: "Meister, who is forty-nine years old, now moves for compassionate release on the grounds that his mother and stepfather are in poor health, and he is their primary caretaker. His mother, Ms. Holthaus, is eighty years old and suffers from a number of conditions, including hypertension, hyperlipidemia, tremors, peripheral neuropathy, and prediabetes. Ms. Holthaus's conditions impact her mobility and ability to live alone and care for herself. Ms. Holthaus lives with her husband, Mr. Holthaus. Mr. Holthaus is ninety years old and also suffers from a number of conditions, including atrial fibrillation, chronic anticoagulation, dyslipidemia, and chronic kidney disease. Mr. Holthaus also has limited mobility, given his previous knee and hip replacements. Meister asserts that both his mother and stepfather require his care. … After a careful review of Meister's motion and all supporting documentation, the Court finds that Meister has demonstrated extraordinary and compelling reasons for a sentence reduction. Meister has provided evidence that his eighty-year-old mother suffers from a variety of illnesses that render her unable to sufficiently care for herself. (See Doc. No. 135.) Meister's stepfather is also ill and requires assistance. (See id.) While Meister has living half-siblings and a sister, Meister has sufficiently demonstrated that his parents require live-in help and that only Meister is willing to provide that level of care for his parents at this time. Moreover, probation has conducted an inspection of the parents’ house and have approved the living situation. (See Doc. No. 129.) The Court also finds that Meister does not pose a danger to the safety of any other person or the community. While in prison, Meister has committed himself to rehabilitation, and, significantly, Meister has less than four months left of his sentence. To the extent that any safety concerns remain, the Court finds that they will be mitigated by converting the remainder of Meister's sentence to a term of supervised release. … The Court does not minimize the seriousness of Meister's offense conduct, or the harm he inflicted on the community. However, the Court finds that Meister has demonstrated a commitment to bettering the lives of those around him. The Court is hopeful that Meister will be that special son who is the primary caretaker for his mother and stepfather. In doing so, Meister can set an example for everyone around him and be the person he wants to be by taking care of his mother and stepfather. Moreover, Meister has nearly served the entirety of his sentence, as he is scheduled to be released in February 2023. Finally, the Court can allay any concern about a just sentence by converting the remainder of Meister's sentence to a term of supervised release in addition to the term of supervised release originally ordered. One of the conditions of Meister's supervised release is that he finds an AA or NA group and makes a good faith effort to get a sponsor and maintain his sobriety. That will not only enable Meister to live the life that he wants to live, but by taking things a day at a time, he can be that son, be that father, be that person that he wants to be and live the life that he wants to live. When that happens there will be all winners and no losers.”


Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) No new deaths within the BOP have been announced, leaving the reported inmate death toll at 309. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.



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