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BOP COVID-19 UPDATE -- May 7, 2021

Quick Facts:

Currently positive-testing inmates: 118 (down from 121)

Currently positive-testing staff: 169 (up from 166)

Recovered inmates: 46,185 (down from 46,193)

Recovered staff: 6,751 (unchanged)

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

Otisville FCI: 36 (up from 28)

Oakdale FCI: 7 (down from 8)

Victorville USP: 5

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

Petersburg Low FCI: 14 (unchanged)

Pekin FCI: 7 (unchanged)

Central Office Headquarters: 7

System-wide testing results: Presently, BOP has 18,180 federal inmates in BOP-managed institutions and 13,744 in community-based facilities. Today's stats:

Completed tests: 112,653 (up from 112,271)

Positive tests: 45,599 (down from 45,606)

Case Note: Defendant's State IIIC anal cancer and unlikelihood of adequate treatment in BOP merits compassionate release...

UNITED STATES OF AMERICA, Plaintiff, v. JOEL ZUPNIK, 2021 WL 1788459, at *1 (D.S.D. May 5, 2021) (Viken, J.) (Following the Eighth Circuit’s grant of his emergency bail pending appeal motion to receive cancer treatment, the court decided defendant need not surrender to serve the 10 year sentence imposed in April 2019 for attempting to incite a minor: "On April 26, 2019, Mr. Zupnik was sentenced to a term of imprisonment of 120 months for attempted enticement of a minor using the internet in violation of 18 U.S.C. § 2422(b). … While the appeal was pending, the Eighth Circuit granted Mr. Zupnik's emergency motion for release pending appeal to obtain medical treatment. … The purpose of Mr. Zupnik's temporary release was to facilitate cancer treatments at Banner University Medical Center, University of Arizona Cancer Center, in Tucson, Arizona. … Mr. Zupnik was diagnosed with Stage IIIC Anal Cancer. (Docket 116-4 ¶¶ 5-6). Based on the stage of his condition, Mr. Zupnik was assessed as having a 65 percent rate of recovery with proper treatment. Id. ¶ 6. His treatment plan consisted of a six-week course of chemotherapy and radiation. … The court is informed Mr. Zupnik completed his course of chemotherapy and radiation and currently is convalescing at home pursuant to the court's November 10, 2020, order. On March 2, 2021, the Eighth Circuit issued a decision affirming Mr. Zupnik's conviction. … The mandate was entered on April 8, 2021. … Mr. Zupnik's motion seeks compassionate release on the basis of extraordinary and compelling reasons in light of his stage IIIC anal cancer, the inability to receive the treatment and monitoring that is required while incarcerated and the threat incarceration poses to his health in his immunocompromised state during the COVID-19 pandemic. … Mr. Zupnik was apprehended as part of a sting operation to target online predators in South Dakota during the 2016 Sturgis bike rally. (Docket 85 ¶13). Mr. Zupnik exchanged multiple sexually charged e-mails with a person he believed to be a 15-year-old female and arranged to meet her. … According to the government, this lack of acceptance of responsibility gives no assurance Mr. Zupnik will refrain from similar conduct in the future and does not provide sufficient deterrence to the public at large. … In Mr. Zupnik's case, the nature and circumstances of the offense—attempted enticement of a minor using the internet—is extremely serious and would have been harmful and devastating to the intended victim if Mr. Zupnik's plan had come to fruition. … The court sentenced Mr. Zupnik to 120 months of imprisonment and he has served approximately 23 months of that term. See Docket 116 at p. 6. The court is concerned about the serious nature of the offense committed by Mr. Zupnik but is also cognizant of the serious risk to Mr. Zupnik's health and life expectancy if he were to return to custody. A further consideration is Mr. Zupnik's cancer requires treatment, care, and follow-up that is not readily available and easily accessible while incarcerated within the Bureau of Prisons. On careful balance of the § 3553(a) factors, the court finds compassionate release is appropriate. The court concludes Mr. Zupnik's time in custody was sufficient to adequately deter him from future criminal conduct, particularly in light of his unaddressed medical needs as outlined by the defense.”)

Death Watch: The BOP has identified no new fatalities. Inmate COVID-19 deaths remains at 234. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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