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BOP COVID-19 UPDATE -- January 29, 2021




Currently positive-testing inmates: 3,117 (down from 3,118)

Currently positive-testing staff: 1,782 (down from 1,785)

Recovered inmates: 42,671 (up from 42,596)

Recovered staff: 4,321 (up from 4,287)

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

Pollock FCI: FMC: 258 (up from 246)

Carswell FMC: 226 (up from 212)

Tallahassee FCI: 212 (down from 217)

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

Pollock USP: 79 (unchanged)

Tucson USP: 69 (up from 68)

Oklahoma City FTC: 59 (unchanged)


System-wide testing results: Presently, BOP has 123,221 federal inmates in BOP-managed institutions and 13,937 in community-based facilities. Today's stats:

Completed tests: 1001,224 (up from 100,802) Positive tests: 44,947 (up from 44,855) Case Note: Sentencing judge's distaste for stacking of § 924(c) convictions may be relevant to § 3582 motion, but then again...


In U.S. v. MICHAEL NORWOOD, Appellant, No. 20-2422, 2021 WL 274508 (3d Cir. Jan. 27, 2021) (unpublished), the Third Circuit wrote, affirming the denial of defendant's § 3582 motion:"The Court concluded that these serious, violent offenses warranted a severe sentence both to provide for a just punishment and to serve as an adequate deterrent to would-be bank robbers and carjackers. We find no abuse of discretion in its assessment of these factors. Norwood argues that the District Court failed to consider the sentencing judge's comments at Norwood's 2013 resentencing expressing disapproval of the 924(c) stacking provisions that the judge was bound to impose. We are not convinced that the District Court did not consider these comments. In any event, although a sentencing judge's view 'may inform whether immediate release would be consistent with [the § 3553(a)] factors,' Palowski, 967 F.3d at 331, Norwood points to no authority requiring such consideration. See generally United States v. Brooker, 976 F.3d 228, 238 (2d Cir. 2020) (noting that 'the sentencing court's statements about the injustice of [defendant's] lengthy sentence might perhaps weigh in favor of a sentence reduction' but declining 'to suggest that [this consideration] necessarily appli[ies]'). And even if we 'might reasonably have concluded' that a sentence reduction was warranted, that conclusion would be 'insufficient to justify reversal of the district court.' Gall v. United States, 552 U.S. 38, 51 (2007).”

Death Watch: The BOP had identified one additional inmate fatality, whose name has not yet been released, raising the inmate death toll to 210. Four inmates died while on home confinement. BOP staff fatalities remain at 3.

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