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BOP COVID-19 UPDATE -- April 14, 2021






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Quick Facts:


Currently positive-testing inmates: 303 (up from 293)

Currently positive-testing staff: 1,051 (down from 1,213)

Recovered inmates: 46,666 (down from 46,737)

Recovered staff: 5,779 (up from 5,614)

Note: the noted day-to-day reduction in "recovered inmates" is counter-intuitive unless inmates previously deemed "recovered" relapsed.


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

Berlin FCI: 83 (up from 76)

Oakdale FCI 30 (up from 29)

San Diego MCC -- 26 (unchanged)


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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 47 (unchanged)

Talladega FCI: 46 (unchanged)


System-wide testing results: Presently, BOP has 126,202 federal inmates in BOP-managed institutions and 13,581 in community-based facilities. Today's stats:


Completed tests: 109,772 (up from 109,772)

Positive tests: 46,258 (up from 46,258)


Case Note: Family circumstances as extraordinary and compelling circumstances...


In. U.S. v. TERRENCE DEVOL LONDON II, 2021 WL 1379394 (M.D. Tenn. Apr. 12, 2021) (Crenshaw, J.), the court joined other courts finding family circumstances to contribute to extraordinary and compelling circumstances: "First, London has shown “extraordinary and compelling” circumstances. Invoking the Sentencing Commission's policy statement on Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A), London argues that he should be afforded release due to “[t]he death...of the defendant's spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner.” (Doc. No. 108 (citing U.S.S.G. 1B1.13 cmt. n. 1)). Specifically, London seeks a reduced sentence in order to “take custody of his minor child, whose mother passed away on December 20, 2019.” (Doc. No. 115 at 1). The Government counters that London's situation is not “exceptional or uncommon” enough such that compassionate release is warranted. (Doc. No. 113 at 9–10). Although Jones no longer requires courts to consider the Sentencing Commission's policy statements when deciding compassionate release motions, those statements “still provide[ ] a useful working definition of ‘extraordinary and compelling reasons,’ and thus may be consulted to ‘guide discretion without being conclusive.’ ” U.S. v. Cole, No. 18-20237, 2021 WL 194194, at *1 (E.D. Mich. Jan. 20, 2021) (citing U.S. v. Gunn, 980 F.3d 1178, 1180 (7th Cir. 2020)). Moreover, courts “continue to lean on [the Family Circumstances provisions of § 1B1.13(1)(C)] when defining ‘extraordinary and compelling circumstances’ in the context of familial hardship. U.S. v. Davis, No. 2:13-cr-00046-8-JRG, 2021 WL 829367, at *7 (E.D. Tenn. Mar. 4, 2021); see also U.S. v. Taylor, No. 19-20056, 2021 WL 21760, at *2 (E.D. Mich. Jan. 24, 2021). Post-Jones courts have concluded that “an extraordinary and compelling reason may exist following the death or incapacitation of the caregiver of the defendant's minor child or minor children.” Cole, 2021 WL 194194, at *2. The Court finds that such reasons exists here, as the mother of London's minor child has died. (See Doc. Nos. 108-5, 108-6, 108-7). Although the minor child is currently being cared for by London's aunt, the family agrees that it would be in the “best interest of the child that she be cared for by her remaining, living parent.” (Doc. No. 108 at 3; see also Doc. No. 117). Courts have been sensitive to instances where alternate family members caring for the child would not be in the minor child's best interest. See Cole, 2021 WL 194194, at *2–3. Accordingly, and in light of Jones, the Court invokes its “full discretion” to determine that “extraordinary and compelling” reasons exist to justify London's compassionate release. Jones, 980 F.3d at 1109.”


Death Watch: The BOP has identified no new inmate fatalities, Inmate deaths remain at 230. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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