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BOP COVID-19 UPDATE -- January 28, 2021

Currently positive-testing inmates: 3,118 (up from 3,081)

Currently positive-testing staff: 1,785 (down from 1,965)

Recovered inmates: 42,596 (up from 42,617)

Recovered staff: 4,287 (up from 4,065)

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

Pollock FCI: FMC: 246 (up from 245)

Tallahassee FCI: 217 (up from 170)

Carswell FMC: 212 (down from 214)

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

Pollock USP: 79 (unchanged)

Tucson USP: 68 (down from 71)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,202 federal inmates in BOP-managed institutions and 13,802 in community-based facilities. Today's stats: Completed tests: 100,802 (up from 100,771) Positive tests: 44,855 (up from 44,845) Case Note: Fort Dix ... once didn't suffice so it COVID-surged twice...

In U.S. v. NEWELL MOWRY, 2021 WL 265245 (D. Me. Jan. 26, 2021) (Torresen, J.) the Defendant pleaded guilty to one count of Possession of Child Pornography (Minor Under 12), in violation of 18 U.S.C. § 2252A(a)(5)(B). On July 31, 2018, iy sentenced him to the mandatory minimum term of 120 months imprisonment[.] He was then incarcerated at the Federal Correctional Institution, Fort Dix. The court continued, 'Mr. Mowry is a 69-year-old man with multiple medical conditions. … He underwent surgery early last year to repair his aortic aneurysm, but complications forced the surgery to be aborted. Surgery has now been delayed due to the pandemic. … Less than two months ago, FCI Fort Dix was the site of a severe SARS-CoV-2 outbreak, with 303 inmates and twenty-eight staff testing positive as of November 30. The wave of inmate infections ultimately crested, and as of December 16, the prison was reporting fewer inmate infections (twelve) but an increased number of staff infections (forty-seven). However, circumstances quickly changed. Less than one month clear of its last outbreak, FCI Fort Dix was in the throes of a second. As of January 13, 2021, the prison was reporting 687 inmate cases and twenty-nine staff cases. The latest outbreak has abated, to an extent … as of January 26, 2021, FCI Fort Dix reports that there are still forty inmates and thirty-two staff testing positive for SARS-CoV-2. … The Government describes all that the Bureau of Prisons (“BOP”) has done to try to prevent and contain the spread of SARS-CoV-2 within the walls of the federal prison system. I do not opine on the adequacy or effectiveness of these efforts. However, it speaks for itself that FCI Fort Dix has had two severe viral outbreaks within a month of one another and that there continue to be a significant number of infections at the facility. While the BOP may well be doing everything within its power to combat the spread of SARS-CoV-2 at FCI Fort Dix, it is apparent that these efforts are insufficient under the circumstances. Rather than serve as evidence in support of the Government, this is evidence in support of the Defendant, because it shows that even despite BOP's best efforts, the virus has continued to spread at FCI Fort Dix. Given Mr. Mowry's medical conditions, the recent outbreaks at FCI Fort Dix, and the still-high number of infections that the facility is currently reporting, I find that there exist extraordinary and compelling reasons for release in this case. … There is no question that the possession of child pornography, particularly after a previous conviction for the same type of crime, is serious. … While extremely serious, there was no evidence that Mr. Mowry ever committed a contact offense or groomed a child with the intent to commit one. … Mr. Mowry has served approximately twenty-eight percent of the sentence I imposed and approximately one-third of his sentence if good-time deductions are factored in. At the time that I sentenced Mr. Mowry to a term of imprisonment, prison posed no greater risk to his well-being than to the average criminal defendant. Now, prison has become a more dangerous place for Mr. Mowry given his health conditions and given that prisons, by their nature, put those who are incarcerated at a heightened risk of infection. … I find that under these circumstances, a sentence of thirty-four months is a significant sentence that adequately reflects the seriousness of the crime and affords adequate deterrence.”

Death Watch: The BOP had identified one additional inmate fatality, Robert Horton, 56, FCI Edgefield. The inmate death toll is now 209. Four inmates died while on home confinement. BOP staff fatalities remain at 3.

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