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BOP COVID-19 UPDATE -- February 2, 2021

Currently positive-testing inmates: 2,211 (down from 2,804)

Currently positive-testing staff: 1,825 (up from 1,802)

Recovered inmates: 43,916 (up from 43,209)

Recovered staff: 4,335 (up from 4,325)

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

Tallahassee FCI: 206 (down from 208)

Pollock FCI: FMC: 205 (down from 304)

Carswell FMC: 163 (down from 173)

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

Pollock USP: 79 (unchanged)

Tucson USP: 69 (unchanged)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,221 federal inmates in BOP-managed institutions and 13,750 in community-based facilities. Today's stats:

Completed tests: 101,596 (up from 101,493) Positive tests: 45,263 (up from 45,161) Case Note: Defendant need not prove he is not a danger to the community when he moves for compassionate release...

In U.S. v. LAWRENCE L. WHITED, Defendant-Appellant, 2021 WL 319120 (6th Cir. Feb. 1, 2021) (unpublished), the Sixth Circuit. found the district court committed legal error when, in reliance on U.S.S.G. § 1B1.13 and 18 U.S.C. § 3142, it denied defendant's compassionate release motion because he failed to demonstrate he was not a danger to the community. This was error because the cited sections apply only to motions for compassionate release made by the BOP and do not apply to such motions made personally by the defendant. The court went on to explain, however, "That Whited need not satisfy § 1B1.13 does not, of course, mean that he is entitled to compassionate release. He still must establish that extraordinary and compelling circumstances exist and that the sentencing factors in§ 3553(a)otherwise justify relief.See Elias, 984 F.3d at 519. The district court should be given the initial opportunity to consider whether Whited can meet these separate compassionate-release requirements.”)

Death Watch: The BOP had identified three recent inmate fatalities:Toribio Ornelas Vasquez, 79, FCI Florence; Omar Adonis Guzman-Martinez, 48, MCFP Springfield; and Charles Purly Romero, 64, USP Tucson. The inmate death toll stands at 213. Four inmates died while on home confinement. BOP staff fatalities remain at 3.

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