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BOP COVID-19 UPDATE, May 13, 2021




Quick Facts:


Currently positive-testing inmates: 100 (unchanged)

Currently positive-testing staff: 156 (down from 175)

Recovered inmates: 46,042 (down from 46,043)

Recovered staff: 6,779 (up from 6,759)


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

Otisville FCI: 36 (unchanged)

Oklahoma City FTC: 5 (unchanged)

Victorville USP: 5 (unchanged)


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

Petersburg Low FCI: 14 (unchanged)

Central Office Headquarters: 7 (unchanged)

Yazoo City USP: 7


System-wide testing results: Presently, BOP has 128,419 federal inmates in BOP-managed institutions and 13,696 in community-based facilities. Today's stats:


Completed tests: 113,071 (unchanged)

Positive tests: 45,446 (unchanged)

Case Note: "Were he to be sentenced today, Mr. Minter's imprisonment range would be half of what it was in 2013" so he's out...


In U.S. v. MAURICE MINTER, 2021 WL 1894454 (S.D.W. Va. May 11, 2021) (Goodwin, J.), the court found that had the defendant in fact received the sentence he would received today he would be out -- so he's out, explaining, "In McCoy, the Fourth Circuit affirmed the district court's considering of the length of the original sentence and that the sentence would be 'dramatically shorter' if the defendant was sentenced today when granting compassionate release. … Mr. Minter does not contest that his 2005 conviction for possession with intent properly supported the finding of him being a career offender. Mr. Minter does argue that he is no longer a career criminal because of later interpretations that prohibit inchoate offenses, such as attempt and conspiracy, from being considered controlled substances offenses under U.S.S.G. § 4B1.1. … There is a circuit split on the issue of whether inchoate offenses qualify as controlled substance offenses for the purposes of a § 4B1.1. I have previously held, in line with the Sixth and D.C. Circuit Courts of Appeals that the inclusion of inchoate offenses, such as attempt and conspiracy are impermissible expansions of definitions of controlled substance offense in § 4B1.2(b). United States v. Carter, No. 2:19-cr-00078, 2020 WL 907884, at *3 (S.D. W. Va. Feb. 25, 2020) (holding that attempted manufacture of a controlled substance is not a controlled substance offense) … My reasoning in Carter applies as well here as it did there. Mr. Minter's conviction for conspiring to deliver a controlled substance is outside the definition of a controlled substance offense in § 4B1.2 and therefore would not qualify as one of the prerequisite convictions for career offender status. If he had not been a career offender when he was sentenced, Mr. Minter's adjusted offense level would have been 25, and his criminal history category would have been IV, resulting in an imprisonment range of 84–105 months. However, if this sentencing were happening today, Amendment 789 would have already been in effect. His adjusted offense level would be 23, and his criminal history category would be IV, resulting in an imprisonment range of 70–87 months. Were he to be sentenced today, Mr. Minter's imprisonment range would be half of what it was in 2013. … I find that almost eight years of imprisonment is more than enough to satisfy the requirements of § 3553(a), especially considering that Mr. Minter has already served seven more months than the top of his guideline range if sentenced today.”



Death Watch: The BOP has reported one new fatality, raising the Inmate COVID-19 death toll to 234. Five of these inmates died while on home confinement. Staff fatalities remain at 4.



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