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BOP COVID-19 UPDATE -- April 2, 2021

Quick Facts:

Currently positive-testing inmates: 376 (down from 407)

Currently positive-testing staff: 1,270 (up from 1,265)

Recovered inmates: 46,881 (down(?) from 46,894)

Recovered staff: 5,485 (up from 5,477)

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:

Coleman Low FCI: 56 (unchanged)

Oakdale II FCI: 44 (up from 41)

Beaumont USP: 25 (down from 57)

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

Pollock USP: 84 (unchanged

Coleman Medium FCI: 47 (up from 46)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 126,196 federal inmates in BOP-managed institutions and 13,828 in community-based facilities. Today's stats:

Completed tests: 109,062 (up from 108,939)

Positive tests: 46,463 (down(?) from 46,501)

Note: the supposedly "lower" total number positive tests appears anomalous.

Case Note: Non-retroactive change in law, considered with other circumstances, can support finding of extraordinary and compelling circumstances in compassionate release analysis...

In U.S. v. Maumau, No. 20-4056, 2021 WL 1217855 (10th Cir. Apr. 1, 2021) (published) (Briscoe, J.), the Tenth Circuit held that a non-retroactive change in law along with, inter alia, a trial penalty can be extraordinary and compelling, explaining: "In August 2008, defendant Kepa Maumau, who was twenty years old at the time, participated in armed robberies of a clothing store and two restaurants. … At the time of Maumau's convictions, 18 U.S.C. § 924(c) included a “stacking” provision that required a district court to impose consecutive sentences of twenty-five years’ imprisonment for second or subsequent convictions of the statute, even if those convictions occurred at the same time as a defendant's first conviction under the statute. As a result of that “stacking” provision, Maumau was sentenced to a total term of imprisonment of 55 years. … In October 2019, Maumau filed a motion pursuant to § 3582(c)(1) to reduce his sentence. Maumau argued in his motion that extraordinary and compelling reasons, including the First Step Act's elimination of § 924(c)’s stacking provision, justified a reduction. The district court granted Maumau's motion and reduced Maumau's sentence to time served, plus a three-year term of supervised release. … Although the government asserted that its final pretrial plea offer to Maumau was for fifteen years’ imprisonment, Maumau's counsel produced a pretrial letter from the government offering Maumau a ten year sentence in return for a plea deal. Maumau's counsel in turn argued that Maumau had “already served the equivalent of a 12-year sentence with good time,” and he thus asked the district court to modify Maumau's sentence to time served. … As the majority opinion makes clear, the district court's finding in this case was based on “an individualized review of all the circumstances of Maumau's case.” Maj. Op. at 29. Those circumstances included: (1) Maumau's extraordinarily long sentence, especially in comparison to the significantly shorter sentences Maumau's co-defendants received for substantially similar conduct; (2) the government's plea offer before trial was only 10 years; and (3) Maumau's young age at the time of his sentence.” Death Watch: The BOP has identified no new inmate fatalities. Inmate deaths remain at 228. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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