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BOP COVID-19 UPDATE -- April 5, 2021








Quick Facts:


Currently positive-testing inmates: 371 (down from 376)

Currently positive-testing staff: 1,268 (down from 1,270)

Recovered inmates: 46,853 (down(?) from 46,881)

Recovered staff: 5,490 (up from 5,485)

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: 46 (up from 44)

Otisville FCI: 30


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 126,111 federal inmates in BOP-managed institutions and 13,828 in community-based facilities. Today's stats:


Completed tests: 109,059 (down(?) from 109,062)

Positive tests: 46,432 (down(?) from 46,463)

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


Case Note: Yet another decision holding that non-retroactive changes in law may form part of the basis for finding extraordinary and compelling circumstances in compassionate release analysis...


In U.S. v. NATE SWINT, 2021 WL 1210111, at *2 (E.D. Pa. Mar. 31, 2021) (DuBois, J.), the court fond that change in law, sentencing disparity, and receipt of only first dose of vaccine were extraordinary and compelling enough to consider reducing a double life sentence: "Defendant, Nate Swint, is serving two concurrent mandatory life sentences at United States Penitentiary, Allenwood in Allenwood, Pennsylvania (“USP Allenwood”). … The convictions stemmed from defendant's involvement with FBI Agent Kenneth Withers, who stole “massive quantities” of drugs from the FBI's evidence control room and sold a portion of them to defendant. … In 2018, Congress recognized the undue harshness of this sentence and passed the First Step Act, which amended § 841(b)(1)(A) to reduce the mandatory minimum sentence to twenty-five years’ imprisonment.4 Pub. L. No. 115-391, 132 Stat. 5194 § 401(a)(2)(A)(ii) (2018). Given that defendant has already served almost twenty-seven years in prison, he likely would have already been released if he was sentenced under the amended § 841(b)(1)(A) or if § 841(b)(1)(A) did not have a mandatory minimum sentence. The Court also notes that FBI Agent Withers, who stole the involved drugs from the FBI evidence locker and sold them to defendant, was sentenced to only twenty-five years’ imprisonment for his involvement and was released in 2017. … The Government also states that defendant received the first dose of the Moderna vaccine on February 25, 2021. However, the Court notes that the vaccine is not yet fully effective for defendant, meaning he remains vulnerable to COVID-19. Centers for Disease Control and Prevention, When You've Been Fully Vaccinated, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html (accessed March 24, 2021) (“People are considered fully vaccinated...2 weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines.”). Additionally, the Court emphasizes that the COVID-19 pandemic is an exacerbating factor that supports defendant's compassionate release, in light of his mandatory life sentence, the fact that he has served nearly twenty-seven years’ imprisonment, and his age-related deteriorating health.”

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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