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BOP COVID-19 UPDATE -- April 22, 2021

Quick Facts:

Currently positive-testing inmates: 336 (down from 412)

Currently positive-testing staff: 252 (down from 579)

Recovered inmates: 46,455 (down from 46,465)

Recovered staff: 6,596 (up from 6,267)

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

Berlin FCI: 113 (down from 174)

San Diego MCC: 57 (unchanged)

Oakdale II FCI: 19 (unchanged)

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

Chicago MCC: 42 (unchanged)

Miami FDC: 41 (unchanged)

Petersburg Low FCI: 14

System-wide testing results: Presently, BOP has 126,623federal inmates in BOP-managed institutions and 13,656 in community-based facilities. Today's stats:

Completed tests: 110,538 (up from 110,455)

Positive tests: 46,048 (down from 46,127)

Case Note: Sentencing reduction granted to effectuate total sentence intended by court but stymied by state's imposition of consecutive state-federal time...

In U.S. v. TONY ERVIN LOPEZ, 2021 WL 1550240 (E.D. Va. Apr. 20, 2021) (Ellis III, J.), the state DOC’s insistence on petitioner serving state sentence consecutive to federal sentence, where federal judge ordered the federal be served concurrent to state, was found to be extraordinary and compelling because petitioner was thereby serving more time than the court intended. The court explained, "There can be no dispute here that there are “extraordinary and compelling circumstances” warranting a 12-month reduction in Defendant's federal sentence. 18 U.S.C. § 3582(c)(1)(A). Simply put, without such a reduction, Defendant will be incarcerated for a term that exceeds and is directly contrary to the express order of the sentencing judge. Surely, such a circumstance is “extraordinary and compelling”; there is simply no basis whatsoever to imprison a person in contravention of the sentencing judge's order. Id. Moreover, it is axiomatic that a criminal defendant may not be incarcerated for any period longer than necessary to achieve the goals of sentencing, which Judge Lee determined was 211 months. See 18 U.S.C. § 3553(a); see also United States v. Freeman, -- F.3d --, 2021 WL 1180711, at *7 (4th Cir. Mar. 30, 2021) (same). Yet here, VDOC's perplexing (and unusual) insistence on consecutive sentences has operated to do just that, requiring Defendant to serve effectively a 223-month total sentence, a period that is 12 months greater than necessary to achieve the goals of sentencing. Thus, it is appropriate in this highly unusual case to reduce Defendant's federal sentence, as a reduction in Defendant's federal sentence will achieve the 211-month total sentence that Judge Lee imposed. Accordingly, in the highly unusual circumstances of this case, Defendant has established that there are “extraordinary and compelling circumstances” warranting a sentence reduction. 18 U.S.C. § 3582(c)(1)(A).”

Death Watch: The BOP has identified no new inmate fatalities. The inmate death toll remains at 233. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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