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BOP COVID-19 UPDATE -- March 11, 2011


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Quick Facts:

Currently positive-testing inmates: 694 (up from 678)

Currently positive-testing staff: 1,530 (up from 1,527)

Recovered inmates: 47,020 (down(?) from 47,064)

Recovered staff: 5.022 (up from 5,020)


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

Schuykill FCI: 80 (up from 79)

Florence (High) USP: 49

Beaumont USP: 48

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

Pollock USP: 84 (up from 83)

Tucson USP: 69 (unchanged)

Talladega FCI: 46 (unchanged)


System-wide testing results: Presently, BOP has 124,832 federal inmates in BOP-managed institutions and 13,754 in community-based facilities. Today's stats:


Completed tests: 106,618 (up from 106,556)

Positive tests: 46,894 (down(?) from 46,920)


Case Note: Ray Charles could see through government's BS about COVID at Lompoc...


In U.S. v. Benjamin Macias, 2021 WL 877710 (E.D. Cal. Mar. 9, 2021) (Mueller, CJ.), the court granted compassionate release, 44% through defendant's sentence, citing the deplorable conditions at Lompoc and expressing skepticism of the government's representations regarding Lompoc's response to the pandemic. "As this court has had occasion to observe on numerous occasions, the coronavirus outbreak at FCI Lompoc, the other facility at Lompoc, was one of the worst in the nation. See, e.g., United States v. Robinson, ___ F. Supp. 3d ___, 2020 WL 1982872, at *1 (N.D. Cal. Apr. 27, 2020);United States v. Curtiss, 467 F. Supp. 3d 96 (W.D.N.Y. 2020);United States v. Purry, No. 14-00332, 2020 WL 2773477, at *2 (D. Nev. May 28, 2020). In resolving motions for compassionate release during the ongoing pandemic, this court has looked at the data for both FCI and USP Lompoc given the interconnection of the facilities as two halves of the larger Lompoc complex. See, e.g., United States v. Pickard, No. 2:11-00449, 2020 WL 4227510, at *4 (E.D. Cal. July 23, 2020) (considering declaration from former BOP attorney at Lompoc complex who noted “in her experience, [USP Lompoc] is not self-sufficient, and relies on services shared throughout the complex, making it impossible to restrict access or travel between the institutions”) (citing Klein Decl. ¶ 5., ECF No. 721-1). Currently, USP Lompoc where Mr. Macias is housed is reporting two cases among its incarcerated population and four confirmed cases among the staff. BOP, COVID-19 Cases (updated daily) (accessed March 8, 2021).4 Previously, this court had expressed skepticism regarding the measures taken at Lompoc and the active case reporting in mid-2020 “suggest[ing] that more than 900 active infections were resolved within two weeks.” Pickard, 2020 WL 4227510, at *4; United States v. Schweder, No. 2:11-00449, 2020 WL 5257598, at *5 (E.D. Cal. Sept. 3, 2020) (same; collecting cases). The court's skepticism was based in part on conflicting reports of the measures being taken at the complex. Schweder, 2020 WL 5257598, at *5; see Dep't of Justice, Pandemic Response Report (accessed Jan. 26, 2021) (documenting shortage of medical staff at FCI and USP Lompoc and ineffective COVID-19 screening and isolation process at both facilities).5 In its current filing here, the government attempts to combat these concerns with reference to protective measures BOP is taking generally, with little reference to the efforts at the Lompoc complex specifically. Opp'n at 4–5. The government does point to a declaration by a Health Services Administrator for FCC Lompoc6 that the government submitted in connection with a separate case, see Opp'n at 5; but this declaration predates the information the court relied on in mid-2020. While the court remains open to considering updated information that details the current status of infection prevention, control and reporting at the Lompoc complex, the information the government provides here does not alleviate the court's concerns. On this record, Mr. Macias's placement also provides compelling reasons weighing in favor of his release.”


Death Watch: The BOP reports no new deaths. Inmate deaths remain at 225. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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