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BOP COVID-19 UPDATE -- March 16, 2021

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Quick Facts:

Currently positive-testing inmates: 501 (down from 621)

Currently positive-testing staff: 1,391 (down from 1,392)

Recovered inmates: 47,173 (up from 47,062)

Recovered staff: 5,246 (up from 5,236)

Institutions with the largest number of currently positive-testing inmates:

Beaumont USP: 52 (unchanged)

Florence (High) USP: 46 (down from 51)

Florence FCI: 31

Institutions with the largest number of currently positive-testing staff:

Pollock USP: 84 (unchanged)

Tucson USP: 69 (unchanged)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 125,146 federal inmates in BOP-managed institutions and 13,617 in community-based facilities. Today's stats:

Completed tests: 107,228 (up from 107,040)

Positive tests: 46,861 (up from 46,869)

Case Note: Section 924(c) stacking provision alone may constitute an extraordinary and compelling circumstance under Section 3582...

In U.S. v. RUFUS AVERY, 2021 WL 949482, at *6 (E.D. Pa. Mar. 12, 2021) (Savage, J.), the district court was not willing to wait for the Third Circuit to rule on whether the previous stacking of § 924(c) sentences can be an extraordinary and compelling reason to grant compassionate release, explaining "The government argues that a change in the law does not provide a ground for compassionate release, contending that § 403 of the First Step Act does not apply retroactively. It cites the provision stating that the change in the stacking penalties only applies to defendants sentenced after the statute's enactment. It argues that a district court has no authority to define what constitutes an extraordinary and compelling reason for compassionate release. It also contends that Avery is a danger to the community, citing the numerous robberies he committed leading to his incarceration. The government argues alternatively that we should stay this matter pending the Third Circuit's decision in United States v. Andrews, No. 20-2768. … We hold that when taken into consideration with the Section 3553(a) factors in the particular case, the disparity in sentences resulting from the FSA's amendment of the Section 924(c) stacking provision alone may constitute an extraordinary and compelling reason under Section 3582.”

Death Watch: The BOP reports no new deaths. Inmate deaths remain at 225. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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