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BOP COVID-19 UPDATE -- April 19, 2021

Quick Facts:

Currently positive-testing inmates: 403 (up from 355)

Currently positive-testing staff: 600 (unchanged)

Recovered inmates: 46,520 (down from 46,578)

Recovered staff: 6,237 (up from 6,234)

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: 173 (up from 148)

San Diego MCC -- 47 (up from 27)

Oakdale FCI 21 (down from 26)

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

Pollock USP: 84 (unchanged)

Chicago MCC: 41 (unchanged)

Miami FDC: 41 (unchanged)

System-wide testing results: Presently, BOP has 126,435 federal inmates in BOP-managed institutions and 13,575 in community-based facilities. Today's stats:

Completed tests: 110,067 (up from 110,065)

Positive tests: 46,171 (down from 46,172)

Note: the reduction in total positive tests appears anomalous.

Case Note: Reliance on U.S.S.G. § 1B1.13 (Policy Statement) requires remand...

In U.S. v. HEATHER CARR, Defendant - Appellant., 2021 WL 1400705 (10th Cir. Apr. 14, 2021) (McHugh, J.), the district court denied relief but the 10th Circuit vacated and remanded, explaining: "Heather Carr pleaded guilty to one count of conspiracy to defraud the federal government and is serving a 57-month sentence. After exhausting her administrative remedies with the Federal Bureau of Prisons (“BOP”), Ms. Carr, relying on procedures established by the First Step Act (“FSA”), filed a motion in the district court for sentence modification and compassionate release pursuant to 18U.S.C. §3582(c)(1)(A). Ms. Carr contended she satisfied the “extraordinary and compelling reasons” standard and was eligible for a sentence modification based on changes in her eldest daughter's ability to care for Ms. Carr's two minor children. The district court applied United States Sentencing Commission, Guidelines Manual § 1B1.13 (Nov. 2018), to define “extraordinary and compelling reasons” and concluded Ms. Carr was not eligible for relief. In our recent decisions in United States v. McGee, ___ F.3d ___, 2021 WL 1168980 (10th Cir. 2021), and United States v. Maumau, ___ F.3d ___, 2021 WL 1217855 (10th Cir. 2021), we held USSG § 1B1.13 is not presently an “applicable” policy statement that controls the definition of “extraordinary and compelling reasons” when a prisoner initiates a § 3582(c)(1)(A) proceeding. Accordingly, we vacate the district court's order denying relief, and we remand for reconsideration in light of McGee and Maumau.”

Death Watch: The BOP has announced two new inmate fatalities, one of whom has been identified as Chas Nozinska, 47, of FCI Sheridan. The inmate death toll now stands at 232. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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