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BOP COVID-19 UPDATE -- May 21, 2021





Quick Facts:


Currently positive-testing inmates: 68 (up from 67)

Currently positive-testing staff: 127 (down from 143)

Recovered inmates: 45,682 (down from 45,722)

Recovered staff: 6,828 (up from 6,808)


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

Beaumont Low FCI: 5

Big Spring FCI: 4

Carswell FMC:: 4


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

Pekin FCI: 8 (unchanged)

Central Office HQ: 6

Beaumont Medium FCI: 5

System-wide testing results: Presently, BOP has 129,033 federal inmates in BOP-managed institutions and 13,827 in community-based facilities. Today's stats:


Completed tests: 114,029 (up from 113,854)

Positive tests: 45,073 (down from 45,111)

Case Note: Uneven application of the 2018 Fair Sentencing Act to the various defendants in the conspiracy is an extraordinary and compelling reason to reduce defendant's sentence....


In U.S. v. ANTHONY M. YOUNG, JR., 2021 WL 1999147 (D. Kan. May 19, 2021) (Vratil, J.), the court declared, if the federal defenders won’t move on this defendant’s behalf for FSA relief based on the FSA’s change to the crack/cocaine disparity even though it did for his co-defendants, then the disparity is extraordinary and compelling, explaining: "Defendant also argues that the First Step Act of 2018 (“FSA-2018”) changed his statutory sentencing range. Effective August 3, 2010, Section 2 of the Fair Sentencing Act of 2010 (“FSA-2010”), Pub. L. No. 111-220; 124 Stat. 2372, increased the amount of cocaine base needed to trigger certain statutory minimum and maximum sentences. In particular, the FSA-2010 raised from 50 to 280 grams the amount of cocaine base needed to trigger the statutory range in Section 841(b)(1)(A)(iii), i.e. 20 years to life with a prior qualifying conviction. See 21 U.S.C. § 841(b)(1)(A)(iii). The FSA-2010 also raised from five to 28 grams the amount of crack cocaine needed to trigger the statutory range in Section 841(b)(1)(B)(iii), i.e. 10 years to life with a prior qualifying conviction. See 21 U.S.C. § 841(b)(1)(B)(iii). After the FSA-2018 retroactively applied the revised statutory penalties of the FSA-2010, and in light of defendant's qualifying conviction, his statutory range now is to ten years to life. See 21 U.S.C. § 841(b)(1)(B) (penalty for 28 grams or more of cocaine base with prior conviction for serious drug or violent felony). Because defendant's amended guideline range of 360 months to life falls entirely within the revised statutory range of ten years to life, it does not appear that he would be entitled to relief under the FSA-2018. While defendant's stated reasons do not constitute extraordinary and compelling reasons for a reduced sentence, the Court finds that the relief granted to co-defendants under Section 404 of the FSA-2018 constitutes an extraordinary and compelling reason for relief. In February of 2019, as to three co-defendants who also pled guilty (Jerome Kelley, Ronald Carrington and Lawrence Washington, Jr.), the Court granted relief under the FSA-2018 and reduced their offense levels by either two or three levels. See Order For Sentence Reduction [As To Jerome Kelley] Pursuant To Section 404 Of The First Step Act Of 2018 (Doc. #748) filed February 5, 2019 (reducing sentence from 151 months to time served); Order For Sentence Reduction [As To Ronald Carrington] Pursuant To Section 404 Of The First Step Act Of 2018 (Doc. #749) filed February 5, 2019 (reducing sentence from 170 months to time served); Order For Sentence Reduction [As To Lawrence Washington, Jr.] Pursuant To Section 404 Of The First Step Act Of 2018 (Doc. #747) filed February 5, 2019 (reducing sentence from 168 months to 130 months). In contrast to the three co-defendants, the FPD has not filed a request for relief for defendant under Section 404(b) of the FSA-2018. As explained above, the FSA-2018 reduced defendant's statutory minimum from 20 years to 10 years. Even so, defendant pled guilty under a Rule 11(c)(1)(C) agreement with a proposed sentence of 240 months and his guideline range of 360 months to life remains the same under the FSA-2018. The Court finds that the uneven application of the FSA-2018 to the various defendants in the conspiracy is an extraordinary and compelling reason to reduce defendant's sentence.”




Death Watch: The BOP has acknowledged -- though not yet identified -- one new inmate COVID-19 fatality, raising the number of inmate fatalities to 236. Five of these inmates died while on home confinement. Staff fatalities remain at 4.



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