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BOP COVID-19 UPDATE -- June 23, 2021



Quick Facts: Currently positive-testing inmates: 71 (down from 74) Currently positive-testing staff: 135 (up from 131) Recovered inmates: 44,439 (down from 44,528) Recovered staff: 6,874 (up from 6,873) Institutions with the largest number of currently positive-testing inmates:

Bennettsville FCI: 11 (down from 12)

Keeton Corrections Inc (RRC): 9 (unchanged)

Coleman II USP: 6

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 129,200 federal inmates in BOP-managed institutions and 13,846 in community-based facilities. Today's stats: Completed tests: 115,369 (up from 115,362) Positive tests: 43,895 (down from 43,983)

Case Note: Where defendant's medical condition is extraordinary and compelling it need not also put him at increased risk of COVID to justify compassionate release....


In U.S. v. LAMARR EDGAR MUMFORD, 2021 WL 2548696 (E.D. Va. June 21, 2021) (Smith, J.), the government, conceded defendant’s end stage renal disease was terminal, but argued this did not make him susceptible to COVID-19 and he therefore was not entitled to compassionate release. The court disagreed, explaining: "In the Motion, the Defendant states that he suffers from end-stage renal disease, Type I diabetes, and hypertension. ECF No. 76 at 5. The Defendant requires hemodialysis three times per week, and his renal disease is “a terminal illness with an end-of-life trajectory” of five (5) to ten (10) years.Id. Citing the Defendant's medical records filed under seal, ECF No. 104, the United States concedes that the Defendant's medical conditions constitute an extraordinary and compelling reason for a reduction in sentence under 18U.S.C. §3582(c)(1)(A)(i). The court agrees with this assessment. The Defendant's medical conditions clearly “substantially diminish[ ] [his] ability ... to provide self-care within the environment of a correctional facility.” U.S.S.G. § 1B1.13 Application Note 1(A)(ii)(I). Moreover, the Defendant “is not expected to recover” from his current medical conditions. Id. Accordingly, the court finds that the Defendant has shown extraordinary and compelling reasons under 18U.S.C. §3582(c)(1)(A)(i). … Although the United States concedes that the Defendant's medical conditions are extraordinary and compelling, it opposes any reduction in sentence because, it asserts, the Defendant “has not shown any particularized risk of contracting [COVID-19] at his prison facility.” ECF No. 102 at 10 (quotation marks omitted). This argument misses the mark, however, because the Defendant's medical conditions are extraordinary and compelling in and of themselves, irrespective of the Defendant's susceptibility to COVID-19. That said, the court also concludes that the Defendant is particularly susceptible to severe complications from COVID-19 because of his underlying medical conditions, and this further supports the court's finding that the Defendant has shown extraordinary and compelling reasons under 18U.S.C. §3582(c)(1)(A)(i). … Turning to this case, the Defendant was convicted of violating § 924(c) in Counts Five and Nine of the Indictment, and he received an enhanced twenty (20) year consecutive sentence for the second of those convictions. If the First Step Act's provision against sentence stacking had been in effect at the time of the Defendant's sentencing, however, the Defendant's minimum sentence on Count Nine would have been ten (10) years consecutive, rather than twenty (20). See McCoy, 981 F.3d at 275. As a result, the Defendant's Guideline sentence would have been three hundred forty-eight (348) months, rather than four hundred sixty-eight (468), if the Defendant had not been subject to the sentence stacking provisions of 18 U.S.C. § 924(c). … In light of the Defendant's poor health, the First Step Act's limitation on sentence stacking for § 924(c) convictions, the § 3553(a) factors, and the record of this case, the court concludes that a sentence of time served is sufficient but not greater than necessary to reflect the seriousness of the Defendant's offenses, to promote respect for the law, to provide just punishment, to afford adequate deterrence to criminal conduct, and to protect the public from further crimes of the Defendant. 18 U.S.C. § 3553(a)(2)(A)-(C). The Motion for Compassionate Release, ECF Nos. 76, 82, 89, is GRANTED.”


Death Watch: The government has reported no additional inmate fatalities, leaving the number of inmate fatalities at 240. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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