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BOP COVID-19 UPDATE -- June 7, 2021

Quick Facts: Currently positive-testing inmates: 85 (unchanged) Currently positive-testing staff: 127 (down from 130) Recovered inmates: 45,093 (down from 45,171) Recovered staff: 6,848 (up from 6,843) Institutions with the largest number of currently positive-testing inmates: Sheridan FCI: 29 (up from 27)

Bennettsville FCI: 11 (up from 9)

Big Spring FCI: 4 (unchanged)

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 129,236 federal inmates in BOP-managed institutions and 13,766 in community-based facilities. Today's stats: Completed tests: 114,860 (up from 114,805) Positive tests: 44,533 (down from 44,608)

Case Note: Defendant with life-plus sentence released after 30-plus years, court finding "there is simply no additional benefit to be achieved by incarcerating Jackson for the rest of his life."

In U.S. v. CECIL JACKSON, 2021 WL 2227333 (W.D.N.C. June 2, 2021) (Cogburn Jr, J.) the court released defendant after serving 31 years of life-plus sentence (and granting relief to codefendants in a separate order), finding no point in lifetime incarceration, explaining, "This Court is presented with a petition seeking relief from a long sentence of incarceration. To be clear, this is not a case where someone was wrongfully accused and convicted. Nor does it involve an unfair sentence. Defendant was part of a violent street gang that distributed drugs, shot people, intimidated citizens, and tried to bribe a juror. They went to trial and showed no remorse. The sentences given were lawful and the 18 U.S.C. § 924(c) charges were made consecutive according to the law at the time. Defendant and his coconspirators have served over thirty years. Normally that would be the end of the matter. But changes to the law allow this Court to review the motion for compassionate release, based upon a number of factors, to decide whether these defendants should be released at this time. The Court will do its analysis below. However, granting relief today in no way criticizes the original prosecution and sentencing. … Jackson's case was tried by a jury, and the Government dismissed one of the Section 924(c) firearm offenses. … This Court sentenced Jackson to life in prison for the drug-trafficking and continuing-criminal-enterprise offenses, and to a consecutive 145 years in prison for the Section 924(c) offenses. … When Jackson was sentenced, the law allowed the government to charge defendants with multiple violations of Section 924(c) based on a single underlying conspiracy offense. … Jackson is currently incarcerated at Butner Medium Federal Correctional Institution. He has been incarcerated for his offense conduct for more than 31 years, since the age of 22. He is now 53-years-old and his current projected release date is 2137. … Jackson was extremely young when he committed the instant offenses and when was taken into custody. He is now 53-years-old, and he has been in custody for over 31 years, during which time he has taken great steps to educate himself, rehabilitate himself, and prepare for re-entry into the community. Furthermore, the Court finds as laudable that, at the hearing on Jackson's motion, Jackson did not attempt to downplay or make excuses for his past criminal behavior. Rather, he appeared to genuinely accept responsibility for his actions as well as the fact that the sentence he has already served was just and appropriate, given his crimes. The Court finds that there is simply no additional benefit to be achieved by incarcerating Jackson for the rest of his life. In sum, under the First Step Act, Section 924(c) convictions can no longer be stacked to create excessive sentences like the one imposed in this case.”; UNITED STATES OF AMERICA, v. ORRIN JACKSON, Defendant., No. 3:90-CR-85-MOC-DCK, 2021 WL 2226488, at *1 (W.D.N.C. June 2, 2021); UNITED STATES OF AMERICA, v. ERIC WHITENER, Defendant., No. 3:90-CR-85-MOC-1, 2021 WL 2227330, at *1 (W.D.N.C. June 2, 2021)

Death Watch: The BOP has announced 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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