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BOP COVID-19 UPDATE -- March 24, 2021

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Quick Facts:

Currently positive-testing inmates: 349 (down from 395)

Currently positive-testing staff: 1,351 (up from 1,348)

Recovered inmates: 47,129 (down(?) from 47,136)

Recovered staff: 5,321 (up from 5,313)

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

Beaumont USP: 38 (down from 39)

Otisville FCI: 23 (up from 22)

Atlanta USP: 14

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 three weeks and therefore are deemed unreliable)

System-wide testing results: Presently, BOP has 125,653 federal inmates in BOP-managed institutions and 13,655 in community-based facilities. Today's stats:

Completed tests: 108,047 (up from 107,867)

Positive tests: 46,668 (down(?) from 46,719)

Case Note: No compassion for pre-Guidelines defendants...

In U.S. v. Jackson, 2021 WL 1097664 (7th Cir. Mar. 23, 2021) (published) (Easterbrook, J.), the Seventh Circuit held that defendants whose underlying conduct became final prior to November 1, 1987, may not seek release under 3582(c)(1)(A): "In May 1986, when he committed his final bank robbery, Jackson was 35. Today he is 70 and seeks compassionate release under 18 U.S.C. § 3582(c)(1). … The 'something else' to which the district judge pointed is the fact that Jackson committed his crime before November 1, 1987, the date on which the Sentencing Reform Act of 1984 took effect. Section 3582 was added to the Criminal Code (i.e., Title 18) by the 1984 Act, which contains a transition provision. As amended in 1987, this transition rule provides that its provisions “shall apply only to offenses committed after the taking effect of this chapter.” Pub. L. No. 100-182, 101 Stat. 1266 § 2, 18 U.S.C. § 3551 note. People whose crimes predate November 1, 1987, continue to be governed by the law in force at the time of their offenses, such as the old Chapter 311 of Title 18, which set up a system of parole. The Parole Commission could release prisoners who faced medical problems and were eligible for parole. And a judge could reduce a prisoner's 'minimum term', but only on motion of the Director of the Bureau of Prisons. 18 U.S.C. § 4205(g) (repealed by the Sentencing Reform Act yet still applicable to crimes committed before November 1, 1987). Given his no-parole sentence, which lacks a minimum term of years, Jackson retains only the possibility of commutation by the President. … Only one other circuit has considered whether the 2018 Act makes old-law prisoners eligible for release under § 3582(c)(1). It has held that the 2018 Act does not have this effect. United States v. Matta-Ballesteros, ––– Fed. App'x ––––, 2021 WL 531549, 2021 U.S. App. Lexis 4108 (9th Cir. Feb. 12, 2021) (nonprecedential decision). For the reasons we have given, we agree with the Ninth Circuit that § 3582 remains inapplicable to old-law prisoners.”

Death Watch: The BOP has identified the inmate death announced yesterday as that of Curtis Horne, 59, of USP Florence. Inmate deaths now number 227. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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