Levitt & Kaizer, Attorneys at Law - 40 Fulton St. 23rd. Floor, New York, NY 10038 (212) 480-4000


Nicholas Kaizer, Partner
Richard Levitt, Partner
  Emily Golub, Of Counsel

                                  
The Law Offices of Levitt & Kaizer are located in Downtown Manhattan, in the South Street Seaport District. Founded nearly 30 years ago, we focus on Criminal Defense, Appellate Advocacy and Post-Conviction Remedies.                     
                                                                                                                     


BOP COVID-19 update 11.25.20
 
Currently positive-testing inmates: 4,159 (down from 4,179)
Currently positive-testing staff: 1,229 (up from 1,325)
Recovered inmates: 19,563 (up from 19,119)
Recovered staff: 1,824 (up from 1,795)
 
Institutions with the largest number of currently positive-testing inmates:
 
Fort Dix FCI: 255 (up from 246)
Texarcana FCI: 245
Tucson USP: 237 (down from 284) 
 
Institutions with the largest number of currently positive-testing staff:
 
Tucson USP: 65 (up from 64)
Pollock USP: 49 (up from 45)
Oklahoma City FTC: 46 (unchanged)
 
System-wide testing results: Presently, BOP has 125,190 federal inmates in BOP-managed institutions and 14,033 in community-based facilities. Today's stats:
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Completed Tests: 79,774 (up from 79,017)
Positive Tests: 22,980 (up from 22,405)
 
Case Note: Righting an old wrong:


In U.S. v. KWOK-CHING YU, 2020 WL 6873474  (S.D.N.Y. Nov. 23, 2020) (Torres, J.), the court revisited an old case to act upon a now-deceased judge's concern with the sentence was required to impose  "In November 1993, The Honorable Robert W. Sweet reluctantly sentenced Yu to a mandatory term of life imprisonment, which was triggered by his conviction as a principal administrator in a continuing criminal enterprise. … e emphasized that such Congressional decrees imposed “arbitrarily without any knowledge” about Yu's circumstances, age, or status as a first offender, raised grave concerns about the “efficacy, justice, and constitutionality of mandatory minimum sentences.” Id. at *1–3. He implored Congress to amend the provisions governing mandatory minimum sentences to permit some consideration of individual defendants. Id. at *2. Nonetheless, he felt bound by his oath to impose the sentence. Id. at *1. … Presently, Yu has served over thirty years—and almost half his life—in prison. During this time, Yu has unsuccessfully sought post-conviction relief. … At almost seventy years old, his advanced age, along with hypertension, high cholesterol, sinus issues, and sleep apnea, place him at serious risk should he become infected with COVID-19. … The Court rejects the Government's contention that Yu has failed to show any individualized risk due to COVID-19. To the contrary, the CDC has found that the risk for severe illness from COVID-19 increases with age, and identifies older adults, like Yu, as more likely than others to become severely ill.  In addition, Yu has taken significant steps to rehabilitate himself, which weigh in favor of finding “extraordinary and compelling reasons.” … One inmate, Mark A. Shapiro, writes, “[i]n my 14 years of incarceration few and far between have been the examples of such character and integrity as Mr. Yu.” Id. Another inmate, Suresh Kumar states, “[i]n spite of his long sentence, I have found that Yu tries very hard to better himself and always has a positive outlook towards life.” … Yu's clean disciplinary record for the last eight years, and the absence of any disciplinary infraction related to violence or drug use, demonstrates that he is unlikely to commit future criminal acts or pose a danger to the community. Def. Ex. K. Moreover, Yu has a strong family support system that will help him reintegrate into society. He intends to live with his sister, and his cousin has offered to employ him.”



Death Watch: The BOP has identified no new COVID-19-related fatalities, leaving the inmate death toll to 145 inmates, 4 of whom were on home confinement. Staff fatalities remain at 2.

Note: BOP does not update its COVID-19 stats on weekends and holidays. Where updated stats are unavailable we repeat the stats from the previous day.