Quick Facts:
Currently positive-testing inmates: 408 (up from 403)
Currently positive-testing staff: 596 (down from 600)
Recovered inmates: 46,483 (down from 46,520)
Recovered staff: 6,250 (up from 6,237)
Institutions with the largest number of currently positive-testing inmates:
Berlin FCI: 173 (unchanged)
Chicago MCC: 41
Miami FDC: 41
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 126,474 federal inmates in BOP-managed institutions and 13,540 in community-based facilities. Today's stats:
Completed tests: 110,239 (up from 110,067)
Positive tests: 46,139 (down from 46,171)
Case Note: Cataloguing similar cases, court grants compassionate release to defendant convicted of giving material support to terrorist organization...
In U.S. v. Amina Farah Ali, 2021 WL 1517941 (D. Minn. Apr. 16, 2021) (Davis, J.) the court, accepting the danger of reinfection, then catalogues precedent for granting release in material support cases in releasing petitioner eight years into her 20 year sentence, explaining: "On October 20, 2011, a jury found Defendant guilty of Conspiracy to Provide Material Support to a Foreign Terrorist Organization and multiple counts of Providing Material Support to a Foreign Terrorist Organization. On May 16, 2013, Defendant was sentenced to a total term of imprisonment of two hundred and forty (240) months on all counts. … Defendant is scheduled to be released from the custody of the Bureau of Prisons (“BOP”) on November 25, 2029. … The Court notes that at this time, it is not clear whether Defendant could be reinfected with COVID-19. The CDC reports that “[c]ases of reinfection with COVID-19 have been reported, but remain rare.” https://www.cdc.gov/coronavirus/2019-ncov/your-health/reinfection.html (accessed on April 15, 2021). … The Court thus finds that Defendant has shown extraordinary and compelling reasons due to her medical condition that warrants a reduction to her sentence. … While the counts of conviction are very serious in this case – providing material support to a foreign terrorist organization - the Court nonetheless recognizes the support provided here – approximately $15,000 and shipments of clothing - pales in comparison to other terrorism financing cases in which defendants have been released due to the pandemic. For example, a defendant convicted of conspiracy and sentenced to five years in prison for providing tens of millions of dollars to Hezbollah, a Lebanon-based terrorist group, was granted compassionate release after serving less than one year of his sentence. United States v. Tajideen, 1:17-cr-046 (D.D.C. May 28, 2020). See also United States v. El-Hanafi, 460 F.Supp.3d 502 (S.D.N.Y. 2020) (granting motion for compassionate release to defendant convicted of conspiracy to provide material support to Al Qaeda in the form of currency, monetary instruments, assistance in computer matters and personnel and sentenced to 180 months); United States v. Hasanoff, 10-cr-162, 2020 WL 6285308 (S.D.N.Y. Oct. 27, 2020) (co-defendant of El-Hanafi, convicted of conspiracy to provide material support to Al Qaeda in the form of currency, monetary instruments, assistance in computer matters and personnel and sentenced to 216 months, granted motion for compassionate release); United States v. Hassoun, 10-cr-773, (N.D. Ill. July 3, 2020) (defendant convicted of attempted use of a weapon of mass destruction and malicious attempt to destroy or damage a building using an explosive device and sentenced to a 23 year prison term granted early release due to pandemic and fact he would be deported upon release). Defendant has served nearly eight years of her sentence. A sentence of time served in this case would reflect the seriousness of the offenses of conviction, afford adequate deterrence to criminal conduct, promote respect for the law and provide a just punishment.”
Death Watch: The BOP has identified the other inmate fatality that was tallied yesterday, that of William Andrew Davison, 61, of FCI Tucson, and has announced -- but not yet identified, an additional fatality. The inmate death toll now stands at 233. Five of these inmates died while on home confinement. Staff fatalities remain at 4.
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