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BOP COVID-19 UPDATE -- June 24, 2021

Quick Facts: Currently positive-testing inmates: 61 (down from 71) Currently positive-testing staff: 136 (up from 135) Recovered inmates: 44,439 (down from 44,439) Recovered staff: 6,874 (up from 6,874) Institutions with the largest number of currently positive-testing inmates:

Keeton Corrections Inc (RRC): 9 (unchanged)

Coleman II USP: 7 (up from 6)

Sheridan FCI: 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 129,249 federal inmates in BOP-managed institutions and 13,954 in community-based facilities. Today's stats: Completed tests: 115,358 (up from 115,369) Positive tests: 43,822 (down from 43,895)

Case Note: Court rejects government's argument that deteriorating defendant with 15 medical conditions and whose guidelines would have been 46 to 57 but for the mandatory minimum doesn't qualify for compassionate release...

In U.S. v. ANDRE CARROLL, 2021 WL 2548082, at *1 (N.D. Iowa June 22, 2021) (Strand, CJ), the court rejected the government's argument that the defendant’s numerous conditions didn’t warrant compassionate release: "Carroll is 54 years old. According to the online Bureau of Prisons (BOP) inmate locator, he is incarcerated at Springfield MCFP in Springfield, Missouri, and has a projected release date of March 31, 2026. …Carroll alleges, and BOP records indicate, that he suffers from numerous health problems, including: (1) congestive heart failure; (2) chronic kidney disease; (3) type 2 diabetes with neuropathy; (4) morbid obesity; (5) hypertension; (6) hyperlipidemia; (7) hypoxia;2 (8) acute respiratory failure; (9) asthma; (10) osteoarthritis; (11) osteopenia;3 (12) nerve pain; (13) neuralgia neuritis;4 (14) metabolic encephalopathy;5 and (15) degenerative disc disease. Doc. 80 at 8–14; Doc. 80-3 at 53, 136–37, 368, 514, 572–73, 580, 583. The Government does not dispute that Carroll suffers from these conditions but denies that they constitute extraordinary and compelling reasons justifying early release. The Government argues that his conditions have responded well to treatment and that he is able to maintain independent living. … Carroll's overall physical condition appears to be deteriorating. His ailments are numerous and increasingly serious. Prior to sentencing, he was hospitalized several times in 2016 and 2017 due to chronic kidney disease or acute respiratory failure. Doc. 70 at 17–18, ¶¶ 63–65. This trend has continued during Carroll's incarceration. A February 2019 record indicates he had been recently hospitalized, during which he lost 60 pounds of water weight and later lost consciousness due to low blood pressure. Doc. 80-3 at 577. During a November 2019 hospitalization, he was classified as “critically ill” for two days, placed on a ventilator and was hospitalized for eight days in total. Doc. 80-3 at 79, 83, 381, 517. His poor heart function and respiration have started to affect his cognitive functioning. Doc. 80-3 at 514 (noting metabolic encephalopathy). After reviewing his conditions in April 2020, a BOP physician stated that Carroll “may have steeper than average end-of-life trajectory.” Doc. 80-11. In early October 2020, he was hospitalized after suffering shortness of breath, vision problems and twitching. Doc. 80-6 at 87, 91. He spent time in the ICU and was described as “acutely ill” and suffering from chronic respiratory failure and congestive heart failure. … Records from 2019 and 2021 indicate he regularly receives assistance from BOP staff for, inter alia, activities of daily living, having dressings changed, receiving oxygen and receiving physical therapy, even if he did not always rely on them. Doc. 80-3 at 395–423; Doc. 80-5 at 31–32. The BOP has directed that Carroll will continue to need assistance applying ointment to his body through at least October 2021. … I find Carroll's numerous serious medical conditions, the increasing severity of those conditions and Carroll's limited mobility constitute an extraordinary and compelling reason justifying early release.…Carroll has served slightly less than 50% of his sentence. Congress exercised its Constitutional authority in determining that a sentence of 120 months is the minimum that a court may impose for his offense.… I note that Carroll's guideline range would have been 46 to 57 months' imprisonment but for the mandatory minimum. … For the reasons discussed above, I find that releasing Carroll under these unusual circumstances would not undermine the goal of deterrence. Nor would his release produce an unwarranted sentencing disparity, as the reduced sentence is based on his unique medical circumstances. After considering all of the applicable factors, I find that Carroll is eligible for compassionate release and will therefore grant his motion.”

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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