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BOP COVID-19 UPDATE -- May 28, 2021





Quick Facts:


Currently positive-testing inmates: 60 (up from 59)

Currently positive-testing staff: 132 (up from 130)

Recovered inmates: 45,421 (down from 45,451)

Recovered staff: 6,834 (unchanged)


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

Beaumont Low FCI: 6 (up from 4)

Big Spring FCI: 4 (unchanged)

Carswell FMC:: 4 (unchanged)

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

Pekin FCI: 9 (up from 8)

Central Office HQ: 7 (unchanged)

Beaumont Medium FCI: 5 (unchanged0

System-wide testing results: Presently, BOP has 129,278 federal inmates in BOP-managed institutions and 13,827 in community-based facilities. Today's stats:


Completed tests: 114,670 (up from 114,434)

Positive tests: 44,818 (down from 44,844)

Case Note: Third Circuit weighs in -- and completes the circuit split -- on whether a district court resentencing a drug defendant under the First Step Act must consider all changes in law since the defendant was originally sentenced, not just the retroactivity of changes in minimum sentences under the Fair Sentencing Act.


In U.S. v. Murphy, No. 20-1411, 2021 WL 2150201 (3d Cir. May 27, 2021) (Ambro, J.). the Third Circuit, completing a circuit split, held that district courts, resentencing a drug defendant under the First Step Act, must consider all changes in law since the defendant was originally sentenced, not just the retroactivity of changes in minimum sentences under the Fair Sentencing Act. As Judge Bibas, dissenting, observed,

All eleven other circuits have taken sides in a three-way conflict. Three have held that a district court cannot recalculate the defendant's range from scratch; it can only factor in the new statutory punishments. Hegwood, 934 F.3d at 418–19; Kelley, 962 F.3d at 477–78; Denson, 963 F.3d at 1089 (alternative holding). Three have held that it must recalculate the range based on current law. See Chambers, 956 F.3d at 672, 675; Boulding, 960 F.3d at 784–85; Brown, 974 F.3d at 1144–45. And five more have said that it can consider a fully updated range but need not. Concepcion, 991 F.3d at 290; Moore, 975 F.3d at 92 & n.36; Hudson, 967 F.3d at 611–12; White, 984 F.3d at 90 (dictum); Harris, 960 F.3d at 1106 (same).



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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