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BOP COVID-19 Update -- May 4, 2021






Quick Facts:


Currently positive-testing inmates: 148 (down from 196)

Currently positive-testing staff: 161 (up from 156)

Recovered inmates: 46,290 (down from 46,293)

Recovered staff: 6,745 (up from 6,742)


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

Otisville FCI: 28 (unchanged)

Berlin FCI: 19 (up from 18)

Oakdale FCI: 9


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

Petersburg Low FCI: 14 (unchanged)

Pekin FCI: 7 (unchanged)

Yazoo City USP: 7 (unchanged)


System-wide testing results: Presently, BOP has 127,655 federal inmates in BOP-managed institutions and 13,578 in community-based facilities. Today's stats:


Completed tests: 112,045 (up from 111,988)

Positive tests: 45,714 (down from 45,765)

Case Note: Defendant will be deterred by fear of returning to COVID-infested prison


In U.S. v. RUBEN BARAJAS, 2021 WL 1696352 (E.D. Cal. Apr. 29, 2021) (Nunley, J.), the court concluded that the conditions of confinement during covid, and the threat of returning to a US prison where these conditions exist, ensure deterrence: "Despite the Government's arguments, the Court is not persuaded that Defendant is a continuing danger to the community. The Court is convinced by Defendant's argument that he is a “one-time” nonviolent drug offender, he will be deported upon his release, his “fear of COVID-19 in U.S. jails will provide a further incentive not to reenter the [U.S.],” and even if he reenters the U.S. “the fear of being prosecuted for re-entry after deportation and the violation of supervised release has encouraged many deported aliens to avoid criminal conduct other than that related to immigration.” (ECF No. 94 at 9–10; ECF No. 101 at 2.) Furthermore, the presentence report (“PSR”) indicates that Defendant does not have any criminal history other than the instant crime. (See ECF No. 38.) The PSR's summary of the offense does not reflect the possession of weapons or crimes of violence. (Id. at 4–5.) Based on these considerations, the Court finds Defendant does not pose a danger to the community.”



Death Watch: The BOP has identified the fatality reported yesterday as Paul F. Archambault, Sr., 83, FMC Devens. The inmate death remains at 234. Five of these inmates died while on home confinement. Staff fatalities remain at 4.





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