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BOP COVID-19 UPDATE -- June 1, 2021

Quick Facts:

Currently positive-testing inmates: 56 (down from 60)

Currently positive-testing staff: 131 (down from 132)

Recovered inmates: 45,367 (down from 45,421)

Recovered staff: 6,837 (up from 6,834)

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

Beaumont Low FCI: 5 (down from 6)

Big Spring FCI: 4 (unchanged)

Carswell FMC:: 4 (unchanged)

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

Pekin FCI: 9 (unchanged)

Central Office HQ: 6 (down from 7)

Beaumont Medium FCI: 5 (unchanged0

System-wide testing results: Presently, BOP has 129,328 federal inmates in BOP-managed institutions and 13,645 in community-based facilities. Today's stats:

Completed tests: 114,733 (up from 114,670)

Positive tests: 44,760 (down from 44,818)

Case Note: Wrongful reliance of USSG § 1B1.13 does not require reversal where compassionate release properly denied upon application of § 3553(a) factors...

In U.S. v. DARREN CLAY ROBINSON, No. 20-2969-CR, 2021 WL 2153708 (2d Cir. May 27, 2021) (unpublished) (per curium), the Second Circuit found that consideration of the § 3553(a) factors supported denial of compassionate release application even though the district court erroneously found itself bound by § 1b1.13, explaining: "The District Court did not abuse its discretion in denying Robinson's motion for a sentence reduction. It is true that, not having the benefit of our decision in Brooker when it ruled on Robinson's motion for reconsideration, the District Court erroneously permitted U.S.S.G. § 1B1.13, note 1(D) to constrain its discretion in determining whether extraordinary and compelling reasons existed. Remand is nonetheless not warranted here, because the District Court's reasonable evaluation of the Section 3553(a) factors is an alternative and independent basis for denial of compassionate release. The District Court's Section 3553(a) inquiry focused on Robinson's underlying conduct, which 'gravely endangered the community' by distributing highly addictive substances; his history of drug dealing spanning over 38 years; and his extensive criminal history, all of which, in the court's view, presented a “substantial danger to the community.” ... The court also determined that, because Robinson had served less than 30% of his sentence, release would not 'reflect the seriousness of the offense, promote respect for the law, or provide just punishment for the offense.' ... We find no abuse of discretion in this analysis.”

Death Watch: The BOP has identified no new inmate fatalities. The inmate death toll remains at 237. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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