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BOP COVID-19 UPDATE -- MAY 27, 2021

Quick Facts:

Currently positive-testing inmates: 59 (up from 58)

Currently positive-testing staff: 130 (up from 129)

Recovered inmates: 45,451 (down from 45,521)

Recovered staff: 6,834 (unchanged)

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

Big Spring FCI: 4 (unchanged)

Carswell FMC:: 4 (unchanged)

Beaumont Low FCI: 4 (up from 3)

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 129,115 federal inmates in BOP-managed institutions and 13,766 in community-based facilities. Today's stats:

Completed tests: 114,434 (up from 114,295)

Positive tests: 44,844 (down from 44,912)

Case Note: USSG 1B1.13 not applicable to defendant-filed compassionate release motions but safety of community still relevant under 18 U.S.C. § 3553(a)(2)(B) & (C)...

In U.S. v. DAMIEN DEMPSEY, 2021 WL 2073350 (D.D.C. May 24, 2021) (McFadden, J.), the court explained, after the D.C. Circuit’s decision in Long joining the other circuits in finding §1B1.13 inapplicable to defendant-filed compassionate release motions, § 3553(a) determines what is extraordinary and compelling: "The D.C. Circuit recently modified the standard that applied to defendant-filed compassionate release motions in United States v. Long, --- F.3d ---, 2021 WL 1972245 (D.C. Cir. May 18, 2021). It agreed with a majority of other circuits that 'U.S.S.G. § 1B1.13 is not "applicable" to defendant-filed motions for compassionate release under the First Step Act.' Id. at *8 (collecting cases); see also id. at *9 ('In short, if a compassionate release motion is not brought by the Director of the Bureau of Prisons, U.S.S.G. § 1B1.13, by its own terms, is not applicable.'). In other words, no longer is the 'dangerousness factor a rigid precondition to release.' Id. at *10. But 'courts still must consider and weigh the factors laid out in Section 3553(a), which include the need ‘to protect the public from further crimes of the defendant’ and to ensure ‘adequate deterrence to criminal conduct.’ ” Id. (quoting 18 U.S.C. § 3553(a)(2)(B) & (C)). 'So even without the policy statement, courts will still consider the anticipated effect of compassionate release on crime and public safety for defendant-filed motions as part of their weighing of relevant considerations.' Id. After Long, the Court considers the 18 U.S.C. § 3553(a) factors to determine whether 'extraordinary and compelling reasons warrant' a reduction of Dempsey's sentence. 18U.S.C. §3582(c)(1)(A)(i).”

Death Watch: The BOP has identified no new inmate fatalities. 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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