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BOP COVID-19 UPDATE -- May 14, 2021

Quick Facts:

Currently positive-testing inmates: 73 (down from 100)

Currently positive-testing staff: 153 (down from 156)

Recovered inmates: 45,968 (down from 46,042)

Recovered staff: 6,784 (up from 6,779)

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

Otisville FCI: 10 (down from 36)

Oklahoma City FTC: 5 (unchanged)

Victorville USP: 5 (unchanged)

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

Pekin FCI: 8

Central Office Headquarters: 7 (unchanged)

Yazoo City USP: 7

System-wide testing results: Presently, BOP has 128,573 federal inmates in BOP-managed institutions and 13,768 in community-based facilities. Today's stats:

Completed tests: 113,328 (up from 113,071)

Positive tests: 45,347 (down from 45,446)

Case Note: 82-year-old Ponzi schemer granted compassionate release...

In U.S. v. Patrick Joseph Kiley, 2021 WL 1909656 (D. Minn. May 12, 2021) (Davis, J.), the court, despite the letters from the victims, released the 82-year old petitioner with nine years remaining due to his declining health: ”Defendant participated in a Ponzi scheme in which Defendant and others received over $193 million from hundreds of investors, and Defendant was responsible for bringing a majority of investor funds into the scheme through a radio program called “Follow the Money.” Through this radio program, Defendant embellished his financial background and falsely told investors that their money would be kept in separate accounts and that they would be able to get their money back at any time. As proved at trial, however, Defendant and others did not invest the money as represented, and most investors lost their life savings. … On July 16, 2013, Defendant was sentenced to a term of imprisonment of 240 months, followed by three years supervised release. He is currently serving his sentence at Rochester FMC, and his release date is August 5, 2029. … In response to Defendant's request for reduction in sentence to the Warden, the BOP determined Defendant to be in a “debilitated medical condition” based on his age, 82, and the multiple medical issues he currently suffers from, including, “a history of hypothyroidism, joint pain, age-related cataract, hearing loss, atherosclerosis, gastroesophageal reflux disease, urethral structure, prostate cancer, radical prostatectomy, Parkinsonism, essential tremors, autonomic dysfunction with resulting episodic hypotension, and syncope episodes. … The Court is mindful of the pain and hardship suffered by the victims of Defendant's fraud, and has considered their positions with regard to the motion currently before it. But based on the record before it and the applicable law, the Court finds that Defendant has demonstrated there are extraordinary and compelling reasons that support a motion for a sentence reduction in this case. … It further avoids disparate sentences, as a co-defendant in this case was recently granted compassionate release after he had served approximately the same amount of time. United States v. Durand, No. 11-cr-228, 2021 WL 533681 (D. Minn. Feb. 12, 2021). In addition, at 82 years old, Defendant is unlikely to reoffend. See U.S. Sentencing Comm'n, The Effects of Aging on Recidivism Among Federal Offenders at 23 (2017).”

Death Watch: The BOP has identified the fatality reported yesterday as Revardo White, 61, of USP Yazoo City. The Inmate COVID-19 death toll remains at 235. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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