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July 22, 2021, BOP COVID-19 and COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 208 (up from 200) Currently positive-testing staff: 115 (up from 108) Recovered inmates: 43,270 (down from 43,338) Recovered staff: 6,972(up from 6,969) Institutions with the largest number of currently positive-testing inmates:

Texarcana FCI: 136 (up from 134)

Houston FDC: 15 (up from 13)

Edgefield FCI: 6

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

Texarcana FCI: 7 (unchanged)

Brooklyn MDC: 5 (unchanged)

Leavenworth USP: 5 (unchanged)

System-wide testing results: Presently, BOP has 130,291 federal inmates in BOP-managed institutions and 14,244 in community-based facilities. Today's stats: Completed tests: 117,386 (up from 117,326) Positive tests: 42,909 (down from 42,969)

Total Vaccine doses distributed: 202,910

Case Note: District court's improper reliance on USSG § 1B1.13 requires remand...


In U.S. v. ROBERTO BROWN, a/k/a AB, Defendant - Appellant., No. 21-6147, 2021 WL 3047185(4th Cir. July 20, 2021) (unpublished) (per curium), the court explained that a district court's exercise of discretion in deciding a compassionate release application will be upheld only if the court in fact does exercise its discretion, but not when, as here, it reverts back to reliance on USSG § 1B1.13, explaining: "Here, Brown argues that the district court abused its discretion by relying on USSG § 1B1.13, p.s., to determine whether Brown had established extraordinary and compelling reasons for his release. We agree. Although the district court acknowledged that the policy statement was not binding in the context of Brown's motion, it nevertheless reframed Brown's argument to fit within the framework established in the policy statement, stating that Brown's medical conditions were well managed and that his condition was stable, without referencing the possible impact of COVID-19 on someone with those conditions. The court then denied Brown's motion on the basis that his medical conditions did not meet the “threshold requirements” set forth in the policy statement. This framing resulted in the district court failing to address Brown's true argument in support of his motion: that his medical conditions, in the context of the current pandemic, created extraordinary and compelling reasons that justified his release. Although we express no opinion on the merits of Brown's argument, we conclude that the district court abused its discretion by failing to address it. Accordingly, we vacate the district court's order and remand for further consideration of Brown's motion.”

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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