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BOP COVID-19 UPDATE -- June 22, 2021

Quick Facts: Currently positive-testing inmates: 74 (down from 76) Currently positive-testing staff: 131 (up from 129) Recovered inmates: 44,528 (down from 44,568) Recovered staff: 6,873 (up from 6,872) Institutions with the largest number of currently positive-testing inmates:

Bennettsville FCI: 12 (unchanged)

Keeton Corrections Inc (RRC): 9

Sheridan FCI: 7

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

Big Sandy USP: 6 (unchanged) Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,326 federal inmates in BOP-managed institutions and 13,814 in community-based facilities. Today's stats: Completed tests: 115,362 (up from 115,338) Positive tests: 43,983 (down from 44,021)

Case Note: A punch in the mouth provides light at the end of the tunnel...

In U.S. v. ANTHONY OSHINSKI, 2021 WL 2518981 (D. Nev. June 17, 2021) (Navarro, J.), the court granted compassionate release, finding that defendant's Inability to receive consistent treatment for a broken jaw sustained during a prison fight is extraordinary and compelling, explaining: "On February 10, 2021, Defendant's term of supervision was revoked and the Court sentenced him to 13 months' imprisonment, with no supervision to follow. … On March 31, 2021, Defendant was assaulted in an unprovoked attack by another inmate, resulting in multiple fractures to his jaw. (Medical Records at 82, 89, 92, 95, Ex. A to MCR, ECF No. 142); (MCR 9:14–10:15). After being treated at the hospital, doctors recommended Defendant for surgery “ASAP” and prescribed him a liquid diet consisting of “nutridrink” because he was unable to fully open his mouth. (Medical Records at 12, 84, Ex. A to MCR). Defendant reported “I have never felt so much pain in my life as how my face feels now.” (Id. at 11). On April 6, 2021, Defendant received surgery for his injuries, but his jaw will require additional treatment and possibly another surgical procedure. (Id at 13); (MCR 13:12–15). As of the filing of this Motion, Defendant reports that his jaw remains in considerable pain and he is still unable to eat. (MCR 13:16–14:2). Further, Defendant claims that he receives nutridrink only sporadically and otherwise subsists on a diet of Kool-Aid, coffee, and pudding, which has resulted in significant weight loss. (Id.). Defendant now petitions this Court for compassionate release based on his medical condition. … Defendant argues that his broken jaw is a debilitating injury constituting an extraordinary and compelling reason for compassionate release. (MCR 9:1–3). The Court agrees. As noted above, “extraordinary and compelling reasons” for compassionate release include medical conditions “that substantially diminish[ ] the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.” SeeU.S.S.G. § 1B1.13. In the present case, Defendant's medical condition has rendered him unable to eat, which undoubtedly diminishes his ability to care for himself within a correctional setting. This is especially true if Victorville II is incapable of consistently providing him with the prescribed liquid nutrition. Moreover, because Defendant's treatment is progressing so slowly, the Court is persuaded that Defendant is unlikely to recover from his debilitating jaw injury prior to his release on September 22, 2021.1 Accordingly, Defendant has demonstrated extraordinary and compelling reasons for release. See also United States v. Perez, 451 F. Supp. 3d 288, 293 (S.D.N.Y. Apr. 1, 2020) (finding that an inmate with a broken jaw and limited time remaining on his sentence established extraordinary and compelling reasons for release). … The need for Defendant to continue serving the sentence imposed is minimal: there is currently no vocational programming available at his correctional institution, he does not present a danger to the community, and the extreme hardship he has experienced while incarcerated is enough of a deterrent from future criminal activity.2 Additionally, Defendant's medical needs are not being met at Victorville II, and being released would give him the opportunity to seek out more effective treatment on his own.”

Death Watch: The government has acknowledged an additional, as-yet-unidentified, inmate fatality, bringing the total inmate fatalities to 240. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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