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COVID-19 UPDATE -- May 18, 2021

Quick Facts:

Currently positive-testing inmates: 82 (up from 73)

Currently positive-testing staff: 150 (up from 148)

Recovered inmates: 45,863 (down from 45,901)

Recovered staff: 6,792 (up from 6,790)

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

Otisville FCI: 12 (up from 10)

Oklahoma City FTC: 8 (up from 5)

Carswell FMC: 5

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

Pekin FCI: 8 (unchanged)

Central Office Headquarters: 7 (unchanged)

Yazoo City USP: 7 (unchanged)

System-wide testing results: Presently, BOP has 128,717 federal inmates in BOP-managed institutions and 13,768 in community-based facilities. Today's stats:

Completed tests: 113,660 (up from 113,404)

Positive tests: 45,262 (down from 45,289)

Case Note: Change in law -- no more stacking of 924(c) sentences -- and change in man support compassionate relief...

In U.S. v. STEVEN OLIN EVANS, 2021 WL 1929798 (D. Utah May 13, 2021) (Kimball, J.), the court reduced defendant's 93-year sentence, explaining, "In this case, Defendant asserts that a combination of factors presents extraordinary and compelling circumstances for a sentence reduction, and the court agrees. Defendant's stacked sentence more than doubled what his sentence would be today under the First Step Act's changes to § 924(c)—32 to 14 years. All of Defendant's charged conduct would subject him to a 39-year sentence now, instead of a 93-year sentence under the previous law. This change in the potential sentences is extraordinary. As in Maumau, however, there must be something other than just the sentencing disparity that makes a case extraordinary and compelling. Defendant points to his young age when he committed the crimes, his abusive childhood, and his current medical risks associated with Covid-19 as additional factors. The court acknowledges that these factors work together to support a reduction in Defendant's sentence. But, the factor the court finds most compelling is Defendant's remarkable transformation during his incarceration.Defendant entered the system a young man, who was the product of a severely abusive upbringing and who felt compelled to join a prison gang for survival. But, after 12 years of being influenced by that gang, he voluntarily, and at great risk, separated himself from it. He has had no citations or infractions of any kind for 8 years. Defendant has engaged in an extensive amount of program offerings to improve himself and has also reached out to improve those around him. Defendant is currently helping other inmates in many substantial ways—he helps others obtain their GEDs, he is an instructor for the building trades program, and he is part of the suicide watch companion program. Those involved in these programs have written letters to the court praising his diligent efforts, his responsibility, and his concern for others. … The court realizes that Defendant's crimes were serious, but given his rehabilitation, ability to provide for himself upon release, and family support, the court does not view Defendant as a present danger to the community. In fact, Defendant appears to be ready to contribute to his community. Therefore, the court concludes that the § 3553(a) factors support a 266-month sentence (just over 22 years).”

Death Watch: The BOP has identified no new COVID-19 fatalities, leaving the inmate death toll at 235. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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