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BOP COVID-19 UPDATE -- March 18, 2021

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Quick Facts:

Currently positive-testing inmates: 486 (down from 494)

Currently positive-testing staff: 1,374 (up from 1,369)

Recovered inmates: 47,127 (down(?) from 47,148)

Recovered staff: 5,274 (unchanged)

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

Florence (High) USP: 46 (unchanged)

Florence FCI: 32 (up from 31)

Beaumont USP: 30 (unchanged)

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

Pollock USP: 84 (unchanged)

Tucson USP: 69 (unchanged)

Talladega FCI: 46 (unchanged)

(the above numbers have barely changed in more than two weeks and therefore are deemed unreliable)

System-wide testing results: Presently, BOP has 125,371 federal inmates in BOP-managed institutions and 13,700 in community-based facilities. Today's stats:

Completed tests: 107,518 (up from 107,335)

Positive tests: 46,802 (up from 46,829)

Case Note: When may an intervening change in precedent provide an "extraordinary and compelling circumstance" supporting § 3582 relief?

In U.S. v. BRANDON MCKINNIE, Defendant-Appellant., No. 20-3954, 2021 WL 981500 (6th Cir. Mar. 16, 2021) (unpublished), the Sixth Circuit rule that the district court, in the first instance, should consider whether an intervening change in circuit precedent can be extraordinary and compelling: "After the COVID-19 pandemic began, McKinnie moved for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i). The statute allows district courts to lower a defendant's sentence if, among other requirements, “extraordinary and compelling reasons” support a reduction. 18 U.S.C. § 3582(c)(1)(A)(i). McKinnie's cited reasons included a 2019 decision interpreting the sentencing guidelines that, if applied to him, would eliminate his career-offender designation and lower his advisory guidelines range. See United States v. Havis, 927 F.3d 382 (6th Cir. 2019) (en banc) (per curiam). McKinnie contended that, were he sentenced today with the benefit of Havis, his guidelines range would be 57 to 71 months. The district court denied the motion. Among other rationales, it held that the Havis decision could not as a matter of law be an “extraordinary and compelling reason” under § 3582(c)(1)(A)(i). … No doubt, these decisions leave some legal questions unresolved about when and whether intervening legal developments constitute “extraordinary and compelling reasons” for a sentence reduction. But because “we are a court of review, not of first view,” Cutter v. Wilkinson, 544 U.S. 709, 718 n.7 (2005), we ask the district court to consider the point in the first instance. We therefore vacate the district court's order and remand for reconsideration in light of this new precedent. See 28 U.S.C. § 2106.”

Death Watch: The BOP reports the death of inmate Jesse Carter, 54 of FCI Talladega. Inmate deaths now stand at 226. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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