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BOP COVID-19 UPDATE -- April 23, 2021

Updated: Apr 24, 2021

Quick Facts:

Currently positive-testing inmates: 319 (down from 336)

Currently positive-testing staff: 169 (down from 252)

Recovered inmates: 46,450 (down from 46,455)

Recovered staff: 6,686 (up from 6,596)

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

Berlin FCI: 107 (down from 113)

San Diego MCC: 35 (down from 57)

Oakdale II FCI: 18 (down from 19)

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

Petersburg Low FCI: 14 (unchanged)

Aliceville FCI: 8

Yazoo City USP: 7

System-wide testing results: Presently, BOP has 126,930 federal inmates in BOP-managed institutions and 13,719 in community-based facilities. Today's stats:

Completed tests: 110,801 (up from 110,538)

Positive tests: 46,028 (down from 46,048)

Case Note: District court must give reason for denying compassionate release application...

In U.S. Plaintiff-Appellee, v. FRANK JOSEPH SMITH, Defendant-Appellant, 2021 WL 1561348 (11th Cir. Apr. 21, 2021) (unpublished) (per curiam), the court remanded for an explanation of why defendant's compassionate release application was denied, explaining, "This Court has yet to decide in a published opinion whether a district court is required to consider or apply USSG § 1B1.13, comment. (n.1) in addressing a motion for compassionate release under the First Step Act and 18 U.S.C. § 3582(c). … The district court's reasoning for its decision is not clear from either its order or the record, which precludes meaningful appellate review as to whether it abused its discretion. See Gall, 552 U.S. at 50; Johnson, 877 F.3d at 999-1000. The court simply stated that Smith failed to establish extraordinary or compelling circumstances without any explanation as to whether it determined that U.S.S.G. § 1B1.13’s commentary did not allow it to grant Smith's motion for the reasons he gave or because it determined that Smith's specific circumstances were not extraordinary and compelling. Instead, the district court merely stated that it reviewed Smith's motion and noted, without elaboration, that he could not establish extraordinary and compelling circumstances “in light of his offense.” Nor is it clear from the district court's order whether it considered any specific arguments. See Chavez-Meza, 138 S. Ct. at 1967-68; Johnson, 877 F.3d at 996, 998-99. Accordingly, we vacate the district court's order and remand for clarification as to the basis for its denial of compassionate release.”)

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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