Please ensure Javascript is enabled for purposes of website accessibility
top of page

BOP COVID-19 UPDATE -- February 4, 2021

Currently positive-testing inmates: 2,164 (down from 2,251)

Currently positive-testing staff: 1,745 (down from 1,761)

Recovered inmates: 44,168 (up from 44,055)

Recovered staff: 4,456 (up from 4,438)

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

Fort Dix: 210 (up from 176)

Tallahassee FCI: 179 (down from 206)

Pollock FCI: 163

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

Pollock USP: 79 (unchanged)

Tucson USP: 70 (unchanged)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,362 federal inmates in BOP-managed institutions and 13,820 in community-based facilities. Today's stats:

Completed tests: 101,862 (up from 101,742) Positive tests: 45,461 (up from 45,450) Case Note: 34 years and out...

In U.S, v. PETER MONSANTO, 2021 WL 355049 (S.D.N.Y. Feb. 2, 2021) (Preska, J.), the court released Peter Monsanto, whose name is familiar to any lawyer who has sought pre-trial release of seized funds for attorney fees. Monsanto, 71, had served more than 34 years of a life sentence for RICO violations, RICO conspiracy, narcotics conspiracy, operating a continuing criminal enterprise (“CCE”), six counts of possession of firearms, four counts of federal income tax evasion, and three counts requiring criminal forfeiture." The court went on: "In addition to Mr. Monsanto, sixteen other defendants were named in the original indictment. (See generally id.) Ten of those defendants have since died, and the remaining defendants have all been released from prison for years. … Mr. Monsanto's prior criminal history included misdemeanor drug possession (1971), misdemeanor possession of a forged instrument (1971), felony possession of a dangerous weapon (a pistol) (1973), and manslaughter (1976). … First, the Court finds that Mr. Monsanto has demonstrated “extraordinary and compelling circumstances warranting release” under § 3582(c)(1)(A) for two reasons: (1) his rehabilitation, remorse, BOP staff support, close family contacts, and post-release plan; and (2) the danger posed to him by COVID-19. As set out above, Mr. Monsanto has been a model prisoner, receiving excellent work reports throughout his incarceration. … Second, the § 3553(a) factors counsel in favor of release. There is no doubt that Mr. Monsanto's crimes of conviction were among the most serious. But he has already received a serious punishment: thirty-four years’ imprisonment and counting. While general deterrence is always important, especially in these kinds of cases, thirty-four years, in the Court's view, fulfills that sentencing objective. As noted in the letters quoted above, there is no need for further incarceration to protect the public from further crimes by this defendant. Finally, as also noted above, all of Mr. Monsanto's co-defendants have either died or been released. To keep him incarcerated until the end of his life would constitute a particularly cruel sentencing disparity.”

Death Watch: The BOP had identified two recent inmate fatalities: William Ray Wooten, 70, FCI Butner II; and Otis Morris, 69, FCI Gilmer. The inmate death toll now stands at 216. Four of these inmates died while on home confinement. BOP staff fatalities remain at 3.

139 views0 comments


bottom of page