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BOP COVID-19 STATS -- February 22, 2021

Currently positive-testing inmates: 1,729 (down from 1,804)

Currently positive-testing staff: 1,667 (down from 1,673)

Recovered inmates: 45,853 (up from 45,542)

Recovered staff: 4,740 (up from 4,720)

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

Schuylkill FCI: 264 (up from 212)

Florence High USP: 221 (up from 210)

Tallahassee FCI: 159 (down from 227)

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

Pollock USP: 82 (unchanged)

Tucson USP: 69 (unchanged)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,892 federal inmates in BOP-managed institutions and 13,630 in community-based facilities. Today's stats:

Completed tests: 104,441 (up from 103,782) Positive tests: 46,733 (up from 46,492)

Case Note: A defendant who represents himself .... is released ....

In U.S. v. TYRONE TRADER, 2021 WL 632679, at *1 (E.D. Pa. Feb. 18, 2021) (DuBois, J.), the court released this pro se litigant, who initially was sentenced to life, reduced to 300 months, for low-level drug offenses. The court explains: “Pro se defendant has served approximately 222 months, with good time credit, of a 300-month sentence for low-level drug offenses at a facility where more than 300 inmates have tested positive for COVID-19. ... On January 18, 2007, a jury convicted pro se defendant of conspiracy to distribute more than five kilograms of cocaine and other substantive cocaine distribution offenses. Pro se defendant was “a street-level dealer [at] the bottom rung of the conspiracy and was directly responsible for the distribution of only 269.4 grams of cocaine.” … Pro se defendant was sentenced by the Court on September 29, 2008 to, inter alia, a mandatory minimum sentence of life imprisonment. At sentencing, after noting pro se defendant's criminal history which included a number of convictions for drug-related crimes, the Court stated as follows: [E]ven with your prior drug crimes and your other criminal conduct...a life sentence for the crime of conviction is much too harsh a sentence to impose. It just overstates the seriousness of the offense. And were I given any discretion...I would impose a substantially lower sentence. … On December 20, 2016, pro se defendant's sentence was commuted to a term of 300 months’ imprisonment. … The Government reports that pro se defendant's anticipated release date is March 31, 2026. … Keeping pro se defendant in prison until his anticipated release date in March 2026 could make a “profound” difference to his health, but would only “make[ ] a marginal difference to his punishment.” … Pro se defendant's disciplinary record in prison is similar to that of the defendant in Ladson. … Pro se defendant claims he received his most recent infraction when he “was helping” the defendant in Ladson to “deescalate [a] conflict.” Document No. 797 at 2. The Court in Ladson granted compassionate release[.] … “[I]t is essential for courts to conduct a searching and individualized inquiry into the circumstances surrounding each defendant's involvement in a conspiracy to ensure that the defendant's sentence accurately reflects his or her role.” United States v. Williams, 974 F.3d 320, 365 (3d Cir. 2020) (quoting United States v. Metro, 882 F.3d 431, 439 (3d Cir. 2018)). … In light of his role as a “street-level dealer,” his medical conditions, and the presence of COVID-19 at FCI Gilmer, prolonging pro se defendant's incarceration would impose a sentence that is “greater than necessary.” 18 U.S.C. § 3553(a).”

Death Watch: The BOP reports no new COVID-related fatalities. Inmate fatalities remain at 222. Four of these inmates died while on home confinement. BOP staff fatalities remain at 4.

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