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BOP COVID-19 UPDATE -- April 28, 2021

Quick Facts:

Currently positive-testing inmates: 199 (down from 214)

Currently positive-testing staff: 161 (down from 162)

Recovered inmates: 46,455 (down from 46,508)

Recovered staff: 6,710 (up from 6,706)

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

San Diego MCC: 33 (unchanged)

Berlin FCI: 18 (down from 19)

Petersburg Medium FCI: 17 (down from 18)

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

Petersburg Low FCI: 14 (unchanged)

Pekin FCI: 7 (unchanged)

Yazoo City USP: 7 (unchanged)

System-wide testing results: Presently, BOP has 127,324 federal inmates in BOP-managed institutions and 13,607 in community-based facilities. Today's stats:

Completed tests: 111,463 (up from 111,253)

Positive tests: 45,921 (down from 45,986)

Case Note: Death of caretaker-grandmother who took care of defendant's kids is extraordinary and compelling circumstance...

In U.S. v. Cortez Maurice Crumble, 2021 WL 1617106 (D. Minn. Apr. 26, 2021) (Montgomery, J.), the court found that reuniting petitioner’s children, where the caretaker’s death resulted in their splitting up, is extraordinary and compelling, explaining, “On January 23, 2018, both Crumble and Berry were charged with being felons in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). Indictment [Docket No. 1]. Crumble was arrested on January 31, 2018, but was ordered released to a halfway house and then to home incarceration based on his family circumstances. See Order [Docket No. 13] at 3; Order [Docket No. 58] at 3. The mother of Crumble's three children, then ages 11, 9, and 1, had died of pneumonia in late December, 2017, during the time between Crumble's shooting offense and the Indictment. PSR ¶ 59. After their mother's death, the children lived with Crumble, his mother, and his sister at Crumble's mother's house in Minneapolis. Crumble's release conditions made it possible for him to continue caring for his sons at his mother's house. … On May 28, 2019, Crumble was sentenced to a prison term of 63 months and 3 years of supervised release. … The Court acknowledged the role Crumble played in caring for his sons, and noted this responsibility would now fall mainly to his mother. The Court told Crumble: “[I]t is clear to me that you are a really important person in your family and that those boys need you and that you have made some significant efforts on that part. I think—my feeling is probably your mom is the one that ha[s] to really extend herself beyond what her expectations were for the next few years. … On October 12, 2019, Crumble's mother died unexpectedly at age 52. See Def. Add. 5 [Docket No. 202, Attach. 5]. Since their grandmother's death, Crumble's three sons have been cared for by Crumble's sisters. Def. Adds. 7, 8 [Docket No. 202, Attachs. 7, 8]. Because of the difficulty of one sister managing all three boys, the boys had to be split up, with the two oldest sons living in a duplex with one of Crumble's sisters, and the youngest son living in a two-bedroom apartment with another of Crumble's sisters and her own two children. Id. The deaths of the children's mother and grandmother, the absence of their father, and their separation from each other has been challenging for Crumble's children. … While conceding that the death of Crumble's mother (the caregiver of his children) constitutes extraordinary and compelling circumstances, the Government argues that a sentence reduction is not warranted because Crumble would pose a danger to the community if released and that the § 3553(a) sentencing factors weigh against reducing his sentence. … Crumble has also shown the existence of extraordinary and compelling reasons for a sentence reduction, because the caregiver of his minor children, Crumble's mother, has died. This death of the boys’ grandmother occurred less than two years after the death of their mother. Although Crumble's sisters have stepped in to provide interim care, the children are no longer able to live together. Their separation from each other further compounds their loss of their mother and grandmother, as well as their father to incarceration, all within a two-year span. The death of the children's primary caregiver was not anticipated at the time Crumble was sentenced and qualifies as an extraordinary and compelling reason for his 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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