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BOP COVID-19 UPDATE -- June 15, 2021


Quick Facts: Currently positive-testing inmates: 100 (unchanged) Currently positive-testing staff: 125 (down from 132) Recovered inmates: 44,803 (down from 44,847) Recovered staff: 6,868 (up from 6,854) Institutions with the largest number of currently positive-testing inmates: Sheridan FCI: 33 (unchanged)

Coleman II USP: 17 (up from 16)

Bennettsville FCI: 12 (up from 11)

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

Big Sandy USP: 6 (down from 7) Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,354 federal inmates in BOP-managed institutions and 13,751 in community-based facilities. Today's stats: Completed tests: 115,278 (up from 115,153) Positive tests: 44,272 (down from 44,315)

Case Note: Another grant of compassionate release to account for disparities created by change in law...


In U.S. KENNETH J. JOHNSON, 2021 WL 2379474 (D.S.C. June 10, 2021) (Norton, J.), the court, observing that the Fourth Circuit’s decision in McCoy without question authorizes consideration of the disparity created by the new law applied to § 851 reduced defendant's sentence, explaining: "the court finds that the disparity between the sentence Johnson received and the one that would be imposed today constitutes an extraordinary and compelling reason justifying a sentence reduction. As the court described above, Johnson faced a mandatory minimum sentence of life imprisonment pursuant to §§ 841(b)(1)(A) and 851 when the court sentenced him. Now, pursuant to changes promulgated under the First Step Act, Johnson would face a mandatory minimum of 15 years in prison, a far cry from the mandatory minimum life sentence he received. Like the disparities the Fourth Circuit faced in McCoy, the “enormous” disparity in this case between the sentence Johnson received and the one “Congress now believes to be an appropriate penalty” constitutes an extraordinary and compelling reason to grant relief. 981 F.3d at 285 (finding 200-month and 30-year sentencing disparities “extraordinary and compelling”). Accordingly, the court considers the sentencing factors under § 3553(a) to determine the extent of the reduction warranted here. 18 U.S.C. § 3582(c)(1)(A)(i).”


Death Watch: The BOP reports 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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