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BOP COVID-19 UPDATE -- June 3, 2021

Quick Facts: Currently positive-testing inmates: 85 (up from 53) Currently positive-testing staff: 131 (up from 130) Recovered inmates: 45,209 (down from 45,281) Recovered staff: 6,840 (up from 6,839) Institutions with the largest number of currently positive-testing inmates: Sheridan FCI: 27

Bennettsville FCI: 8

Big Spring FCI: 4

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

Big Sandy USP: 6 Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,164 federal inmates in BOP-managed institutions and 13,780 in community-based facilities. Today's stats: Completed tests: 114,740 (down from 114,776) Positive tests: 44,645 (down from 44,675)

Case Note: Pre-FSA appeal waiver found not to preclude compassionate release motion...

in U.S. v. TRAVIS L. WILSON, 2021 WL 2207452 (S.D. Ill. June 1, 2021) (Rosenstengel, J.), the court found that the defendant's pre-FSA plea waiver did not preclude a compassionate release motion because it was entered before FSA, and also because the waiver's language does not preclude § 3582 relief, explaining, "In support of its argument, the Government cites to United States v. Soto-Ozuna, an unpublished case in which the Seventh Circuit found the defendant waived his right to move under § 3582(c)(2) for a sentence reduction based on Amendment 782 to the Sentencing Guidelines when he agreed not to “seek to modify his any type of proceeding.” … In Soto-Ozuna, the defendant waived his right to seek to “modify” his sentence. Here, Wilson's waived his right to “contest any aspect of the conviction and sentence that could be contested under Title 18 or Title 28.” A motion for compassionate release does not “contest” a sentence as it was imposed, but rather argues the enumerated or extraordinary factors now warrant a revisiting and modification of that sentence. … Wilson's waiver is also different than the waiver in United States v. Bridgewater, 995 F.3d 591 (7th Cir. 2021). The defendant in Bridgewater waived “the right to seek modification of or contest any aspect of the conviction or sentence in any type of proceeding....Id. at 593. Accordingly, the Court held the defendant had waived the right to seek modification of any aspect of his sentence, and compassionate release under 18 U.S.C. § 3582(C)(1)(A) is “clearly a form of sentence modification.” Id. at 595. Furthermore, the defendant waived his right to seek modification of his sentence in 2019, after the First Step gave inmates the right to seek modification without the support of the Bureau of Prisons. Id.

Death Watch: The BOP has, belatedly, acknowledged the death, on January 29, 2020, of Manuel Roach, 42, of USP Leavenworth. The inmate death toll now stands at 238. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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