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BOP COVID-19 UPDATE -- May 25, 2021

Quick Facts:

Currently positive-testing inmates: 62 (unchanged)

Currently positive-testing staff: 129 (up from 128)

Recovered inmates: 45,579 (down from 45,682)

Recovered staff: 6,832 (up from 6,828)

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

Big Spring FCI: 4 (unchanged)

Carswell FMC:: 4 (unchanged)

Oklahoma City FTC: 4

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

Pekin FCI: 8 (unchanged)

Central Office HQ: 7 (unchanged)

Beaumont Medium FCI: 5 (unchanged0

System-wide testing results: Presently, BOP has 128,996 federal inmates in BOP-managed institutions and 13,655 in community-based facilities. Today's stats:

Completed tests: 114,091 (up from 114,090)

Positive tests: 45,008 (up from 45,007)

Case Note: Combination of COVID, Booker, and change in sentencing law that would not result in career offender status sufficient to support relief...

In U.S. v. JOSEPH MANN, 2021 WL 2019187 (E.D.N.C. May 20, 2021), the court held that the combination of COVID, Booker, and change in sentencing law that would not result in career offender status is sufficiently extraordinary and compelling to permit release 20 years into a 510 month sentence explaining: "Defendant moves for compassionate release based on the COVID-19 pandemic, his underlying health conditions, and the fact that he would not be a career offender if sentenced today. … On February 19, 2003, the undersigned sentenced defendant to a total term of imprisonment of 510 months, 210 months on Count Three and the required mandatory minimum sentence of 300 months consecutive on Count Four. Defendant is now 52 years old and is serving his sentence at the Federal Correctional Institute at Edgefield in South Carolina. He has been in continuous custody since May 28, 2002. He has served over 223 months of actual time, and his projected release date is December 16, 2041. … At his sentencing in 2003, defendant was considered a career offender. Today, he would not be a career offender and the guidelines would be advisory, not mandatory. His mandatory guideline range was 210 to 240 months on Count Three followed by a statutorily mandated 300-month sentence on Count Four. Today, defendant contends his advisory guideline range on Count Three would be 92 to 115 months. Count Four would remain 300 months consecutive, however the guidelines would be advisory. See Dean v. United States, 137 S.Ct. 1170 (2017)(court may consider lengthy mandatory minimum sentence in 924(c) when considering an appropriate sentence for the predicate count.) Defendant contends the court should consider this dramatic disparity between the sentence he faced in the early 2000s and the sentence he would face today as an “extraordinary and compelling reason” for compassionate release. See United States v. McCoy, 981 F.3d 271 (4th Cir. 2020) (district court may consider “any extraordinary and compelling reason for release that a defendant might raise.”). The court finds that under the unique circumstances of this case, in which there is a dramatic disparity between his mandatory guideline sentencing range and the advisory sentencing range were he sentenced now, defendant has shown an “extraordinary and compelling reason” for release. … While this is not the full sentence he received back in 2003, it is still a lengthy prison sentence. Additionally, he was sentenced under the mandatory guidelines regime, which gave this court no discretion to fashion a sentence tailored to the individual. He is two decades older, hopefully wiser, and has made great strides toward rehabilitation. He is more than 50 years old now, and he has time to still become a productive citizen. Given all these factors a sentence of time served is sufficient, but not greater than necessary, to meet the goals of sentencing.”

Death Watch: The BOP has identified the inmate fatality reported yesterday as Laura Ann Palpallatoc, 67, of FCI Phoenix. The inmate death toll remains at 237. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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