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COVID-19 UPDATE -- April 7, 2021

Quick Facts:

Currently positive-testing inmates: 374 (up from 371)

Currently positive-testing staff: 1,248 (down from 1,250)

Recovered inmates: 46,698 (down(?) from 46,786)

Recovered staff: 5,534 (up from 5,519)

Note: the noted day-to-day reduction in "recovered inmates" is counter-intuitive unless inmates previously deemed "recovered" relapsed.

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

Coleman Low FCI: 56 (unchanged)

Oakdale II FCI: 46 (unchanged)

Otisville FCI: 30 (unchanged)

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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 47 (unchanged)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 126,902 federal inmates in BOP-managed institutions and 13,702 in community-based facilities. Today's stats:

Completed tests: 109,008 (down(?) from 109,031)

Positive tests: 46,286 (down(?) from 46,366)

Note: the supposedly "lower" total number of completed and positive tests appears anomalous.

Case Note: Court finds that certificate of appealability required to appeal denial of compassionate release application

In U.S. v. COREY ROPER, 2021 WL 1252032, at *2 (S.D.N.Y. Apr. 5, 2021), SDNY Judge Naomi Buchwald, J. found -- as she has in the past -- that a certificate of appealability is necessary to appeal a district court’s denial of a sentence reduction under § 3582(c)(1)(A): "The Court accordingly denies Mr. Roper's motion. Because Mr. Roper has not made a substantial showing of a denial of a federal right, a certificate of appealability will not issue. Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013). Pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444 (1962)”)

We note that the first cited case -- Hoffler v. Benzio -- was a habeas brought by a state prisoner; 28 USC § 1915(a) and Coppeedge v. United States concern the requirement that an inmate may appeal the denial of a habeas petition in forma pauperis only if the appeal is brought in good faith. This from the Fifth Circuit is instructive:

Jefferson also seeks a certificate of appealability to challenge the district court's denial of his § 3582(c)(1)(A) motion. Because a certificate of appealability is not required to appeal the denial of a § 3582(c)(1)(A) motion, we DENY the motion as unnecessary. See 28 U.S.C. § 2253.

United States v. Jefferson, 831 F. App'x 685, 686–87 (5th Cir. 2020). The only circumstanced under which a certificate of appealability could arguably be required to appeal the denial of a § 3582 motion for compassionate release would be where the district court properly construed the application to be a habeas motion under § 2255 rather than a compassionate release motion under 3582(c)(1)(A).

Death Watch: The BOP has identified two new inmate fatalities, those of Leonard Williams, 53, and Jaime Benavides 49, both of MCFP Springfield, bringing Inmate deaths to 230. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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