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BOP COVID-19 Update: January 27, 2021

Currently positive-testing inmates: 3,081 (down from 3,171)

Currently positive-testing staff: 1,965 (down from 1,987)

Recovered inmates: 42,617 (up from 42,394)

Recovered staff: 4,065 (up from 4,032)

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

Pollock FCI: FMC: 245 (up from 301)

Carswell FMC: 214 (unchanged)

Tallahassee FCI: 170 (up from 159)

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

Pollock USP: 79 (unchanged)

Tucson USP: 71 (down from 72)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,206 federal inmates in BOP-managed institutions and 13,795 in community-based facilities. Today's stats:

Completed tests: 100,771 (up from 100,601)

Positive tests: 44,845 (up from 44,742)

Case Note: injustice of stacking 924(c) sentences constitutes extraordinary and compelling circumstance justifying relief...

In U.S. v. RICK BARTON, SR., 2021 WL 237692 (W.D. Va. Jan. 25, 2021) (Jones, J.), the court got right to the point: “Barton was convicted by a jury in this court of conspiracy to possess with intent to distribute and distribution of oxycodone and cocaine, 21 U.S.C. § 846 (Count One); possession with intent to distribute and distribution of oxycodone and cocaine, 21 U.S.C. § 841(a)(1) (Count Two); and four counts of possession of a firearm in furtherance of a drug trafficking offense, 18 U.S.C. § 924(c) (Counts Three through Six). He was sentenced on November 10, 2003, to a total term of 1,170 months (97.5 year) in prison. … While in prison, Barton has had numerous inmate disciplinary sanctions, one as recently as 2020, mainly for drug possession. He is now 58 years old. His projected release date is December 24, 2075, and he is thus serving an effective life sentence. ...Barton's crime was egregious, as I stated at his sentencing. His drug dealing came at the early stages of the tragic opioid epidemic that has caused so much destruction, misery, and death in Central Appalachia. See Beth Macy, Dopesick: Dealers, Doctors, and the Drug Company that Addicted America (2018); Barry Meier, Pain Killer: A “Wonder” Drug's Trail of Addiction and Death (2003). While a lengthy prison sentence was justified for Barton under the 18 U.S.C. § 3553(a) factors, I know of no pill-mill doctors serving life terms, or of any pharmaceutical company executives sentenced to but a few months incarceration. ... A court may grant a sentence reduction under § 352(c)(1)(A) that does not result in immediate release. … I find that the stacking of Barton's 924(c) 25-year sentences, and their resulting disparate severity, is an extraordinary and compelling reason for a sentence reduction under § 3582(c)(1)(A). Considering the factors set forth in § 3553(a), to the extent they are applicable, I will reduce Barton's total sentence to 300 months.”

Death Watch: The BOP had identified two additional inmate fatalities, Joe Adams, 64, FCI Williamsburg; and Pedro Lopez-Vargas, 59, MCFP Springfield. The inmate death toll is now at 209. Four inmates died while on home confinement. BOP staff fatalities remain at 3.

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