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BOP COVID-19 UPDATE -- June 11, 2021

Quick Facts: Currently positive-testing inmates: 99 (up from 97) Currently positive-testing staff: 132 (up from 127) Recovered inmates: 44,890 (down from 44,925) Recovered staff: 6,853 (up from 6,851) Institutions with the largest number of currently positive-testing inmates: Sheridan FCI: 32 (unchanged)

Coleman II USP: 16 (unchanged)

Bennettsville FCI: 11 (unchanged)

Institutions with the largest number of currently positive-testing staff: Pekin FCI: 9 (unchanged)

Big Sandy USP: 7 (up from 6) Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,218 federal inmates in BOP-managed institutions and 13,944 in community-based facilities. Today's stats: Completed tests: 115,020 (up from 114,931) Positive tests: 44,355 (down from 44,446)

Case Note: Court remands denial of compassionate relief application because district court's failure to analyze § 3553(a) factors makes meaningful review impossible...

In U.S. v. MONTE JANWATANAGOOL, Defendant-Appellant, 2021 WL 2351107 (11th Cir. June 9, 2021) (unpublished) (per curium), the Eleventh Circuit found that district court's failure to consider any of the 3553(a) factors is cause to vacate the denial and remand, explaining, "We recently held that, in addition to determining whether a movant has offered extraordinary and compelling reasons and whether a reduction or release would be consistent with the policy statement in § 1B1.13, a district court must also consider “all applicable” 18 U.S.C. § 3553(a) factors when it grants or denies a motion for compassionate release. United States v. Cook, No. 20-13293, slip op. at 5–6 (11th Cir. May 27, 2021). A district court is not required to articulate its findings and reasonings in great detail, but, when we consider a § 3582(c)(1)(A)(i) motion, we “cannot engage in meaningful appellate review and must vacate and remand” if the record does not reflect that the district court considered the applicable factors. Id. at 9. Because the district court's order did not reflect that it considered any of the applicable § 3553(a) factors in denying Janwatanagool's motion for compassionate release, the record was not adequate to allow for meaningful appellate review. Accordingly, we vacate the order denying the motion and remand this matter for further proceedings consistent with this opinion.”

Death Watch: The BOP has announced no new fatalities. The inmate death toll remains at 238. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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