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BOP COVID-19 UPDATE -- April 15, 2021

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Quick Facts:

Currently positive-testing inmates: 352 (up from 303)

Currently positive-testing staff: 815 (down from 1,051)

Recovered inmates: 46,604 (down from 46,666)

Recovered staff: 6,019 (up from 5,779)

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

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

Berlin FCI: 145 (up from 83)

Oakdale FCI 26 (down from 26)

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 126,247 federal inmates in BOP-managed institutions and 13,636 in community-based facilities. Today's stats:

Completed tests: 109,945 (up from 109,894)

Positive tests: 46,194 (up from 46,199)

Note: the reduction in total positive tests appears anomalous.

Case Note: Compassionate release denied w/o prejudice to refile if defendant not vaccinated within 60 days...

In U.S. v. JERRICK BART LIMEHOUSE, 2021 WL 1387756, at *6–7 (E.D. Pa. Apr. 13, 2021) (Joyner, J.), the court deemed the case so “close” that it denied relief without prejudice to refile if defendant is not vaccinated within 60 days: "This is truly a close case. On the one hand, Defendant clearly has demonstrated that he has chronic lung conditions which could indeed result in serious illness or worse should he contract COVID-19. It is also undisputed that Mr. Limehouse has served roughly 70% of his sentence with no serious infractions5 and that he has held a job and availed himself of psychological counseling and educational offerings within the prison setting. Defendant is also now 57 years of age with an anticipated release date of January 9, 2024 and, in light of his uncontested recidivist score and the fact that he is subject to five years of supervision upon release by virtue of his original sentence, is probably unlikely to offend again. However, Defendant's medical condition is stable and he appears to have received appropriate medical care in a timely manner throughout his incarceration. The Correctional Institution in which he is housed appears to have done a fairly good job at managing the pandemic and has not recorded any inmate or staff deaths. FCI Cumberland is also in the process now of inoculating both its staff members and its inmate population with the COVID-19 vaccines. While it certainly still remains a possibility that Defendant could become exposed to the coronavirus and contract COVID-19, with each passing day that possibility becomes more and more remote. It is of course impossible to predict the future. After weighing all of the foregoing factors, we conclude that the scale is tipped ever so slightly in the Government's favor in this case. In so finding, however, we shall chart a narrow course: Defendant's motion for compassionate release shall be denied with the proviso that he shall be free to re-file this motion to be reconsidered on an expedited basis only in the event that he does not receive his COVID vaccination within sixty days of the entry date of this Memorandum and Order.”

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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