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July 2, 2021 BOP COVID-19 AND COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 30 (down from 31) Currently positive-testing staff: 138 (up from 137) Recovered inmates: 44,000 (down from 44,056) Recovered staff: 6,883 (unchanged) Institutions with the largest number of currently positive-testing inmates:

Bennetsville FCI: 3

Carswell FMC: 3

Florence High USP: 2

Institutions with the largest number of currently positive-testing staff: Pekin FCI: 9 (unchanged)

Big Sandy USP: 6 (unchanged)

Central Office HQ: 6 (unchanged) System-wide testing results: Presently, BOP has 129,610 federal inmates in BOP-managed institutions and 14,194 in community-based facilities. Today's stats: Completed tests: 115,772 (up from 115,771) Positive tests: 43,480 (up from 43,479)

Case Note: Court considers argument in support of CR raised for first time in reply memo, and grants relief...


In U.S. v. ERIC JOHNSON, 2021 WL 2685329 (D. Md. June 30, 2021) (Hollander, J.), the court finds that defendant’s argument, in reply, that he would not be subject to a career offender enhancement today is correct and, noting the government did not seek leave to file a sur-reply, grants relief, explaining: "Johnson contends that as a result of changes in the law, if he were sentenced today he would no longer qualify as a career offender. ECF 224 at 3. He correctly asserts that if he had not been deemed a career offender at sentencing, he would have had a final offense level of 21 and a criminal history category of VI, which correspond to a Guidelines recommendation of 77 to 96 months of imprisonment. Id. Although this argument was raised for the first time on reply, the government has not sought leave to file a surreply or otherwise taken issue with it. Indeed, at the time of defendant's offense, conspiracy to distribute a controlled substance under 21 U.S.C. § 846 was considered a career offender predicate offense under U.S.S.G. § 4B1.2(b). But, in United States v. Norman, 935 F.3d 232, 238-39 (4th Cir. 2019), the Fourth Circuit determined that federal drug conspiracy under 18 U.S.C. § 846 is categorically not a qualifying offense for career offender purposes.” … Viewed from the current perspective, Johnson's incarceration—for a period of about 84 months—is considerably longer than any prison sentence he ever previously served. And, it is sufficient to serve the goals of incapacitation, deterrence, retribution, and rehabilitation.”

Death Watch: The BOP has reported no additional inmate fatalities, leaving the number of inmate fatalities at 240. Five of these inmates died while on home confinement. Staff fatalities remain at 4.

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