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BOP COVID-19 UPDATE -- April 8, 2021

Quick Facts:

Currently positive-testing inmates: 203 (down from 374)

Currently positive-testing staff: 1,251 (up from 1,248)

Recovered inmates: 46,816 (up from 46,698)

Recovered staff: 5,541 (up from 5,534)

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:

Oakdale II FCI: 46 (unchanged)

Florence - High USP: 9

Beaumont USP: 8

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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 47 (unchanged)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 125,946 federal inmates in BOP-managed institutions and 13,767 in community-based facilities. Today's stats:

Completed tests: 109,005 (down(?) from 109,008)

Positive tests: 46,234 (down(?) from 46,286)

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

Case Note: Serious nature of defendant's prior crimes and most recent offenses "does not prohibit release when the term already served has achieved the purposes of sentencing.”

In U.S. v. JOHN DOUGLAS PARKER, 2021 WL 1264171, at *3 (E.D. Pa. Apr. 6, 2021) (Schmehl, J.) the defendant "was arrested by local authorities in June 2008 for the armed robbery of two banks—one in Easton and one in Allentown. He had robbed both banks at knife point while telling the tellers that he had a gun and was apprehended while in possession of a knife after fleeing on foot from police. … Parker is currently serving his sentence at FCI Hazelton. His projected release date is July 31, 2025. Thus, he already has served roughly 154 months of his 228-month sentence and has credit for good conduct time of approximately 10 months, for a total time served of approximately 164 months. He had three disciplinary infractions while incarcerated, the last occurring over 6 years ago. … Parker has been incarcerated for nearly thirteen years, thus serving roughly two-thirds of his sentence imposed by the Court. He is due to be released on July 31, 2025. For the past 6 years in prison, he has been a model prisoner, committing no infractions whatsoever. Further, there is evidence that Parker had struggled with an addiction to drugs and alcohol for most of his life and virtually all his criminal history was attributable to his substance abuse. His three infractions early in his incarceration also appear to be related to his addiction, as he incurred a weapon possession charge in 2010, an attempted possession of a controlled substance charge in 2014, and possession of drugs or alcohol charge in 2015. … The Court concludes that the factors set forth in 18 U.S.C. section 3553(a) weigh in favor of Parker's release. Because section 3553(a) establishes factors to consider in initially imposing a sentence, not every factor applies here. … The government objects to Parker's request for compassionate release because he is a “career offender.” However, the serious nature of Parker's prior crimes and most recent offenses “does not prohibit release when the term already served has achieved the purposes of sentencing.” Indeed, “almost all federal prisoners have committed serious crimes. If generalized (albeit legitimate) concerns about the dangers of guns and drugs were enough to bar compassionate release, almost no one would be eligible.”

Death Watch: The BOP has identified two new inmate fatalities, those of Leonard Williams, 53, and Jaime Benavides 49, both of MCFP Springfield, bringing Inmate deaths to 230. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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