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July 7, 2021 COVID-19 AND COMPASSIONATE RELEASE UPDATE




Quick Facts: Currently positive-testing inmates: 22 (down from 30) Currently positive-testing staff: 138 (unchanged) Recovered inmates: 43,867 (down from 44,000) Recovered staff: 6,892 (up from 6,883) Institutions with the largest number of currently positive-testing inmates:

Bennetsville FCI: 2 (down from 3)

Florence High USP: 2 (unchanged)

Forrest City Medium FCI: 2

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

Central Office HQ: 6 (unchanged)

Beaumont Medium GVI (5) System-wide testing results: Presently, BOP has 129,620 federal inmates in BOP-managed institutions and 14,194 in community-based facilities. Today's stats: Completed tests: 116,115 (up from 115,772 Positive tests: 43,364 (down from 43,480)

Case Note: District courts in 11th Circuit can't consider "old" 924(c) stacking because compassionate release applications hogtied by Guidelines § 1B1.13...


In U.S. v. JAMARR RASHAUN JOHNSON, 2021 WL 2750609 (S.D. Ala. July 1, 2021) (DuBose, CJ), we see how the 11th Circuit's rule limiting CR petitions to the 1B1.13 policy statement, has real-world consequences, here prohibiting offenders sentenced under the now defunct 924(c) stacking provision from obtaining the type of relief available in eight of the other circuits. The court explains, "Johnson argues that extraordinary and compelling reasons exist for a reduction of sentence. Specifically, the disparity in sentencing between defendants sentenced before the First Step Act amended § 924(c)(1)(C) and defendants sentenced after the amendment, and the excessive length of his sentence caused by “stacking” the four enhanced firearms sentences on a firearms sentence resulting from the same prosecution, which the statute no longer allows. … Johnson argues that extraordinary and compelling reasons exist for a reduction of sentence. Specifically, the disparity in sentencing between defendants sentenced before the Frist Step Act amended § 924(c)(1)(C) and defendants sentenced after the amendment, and the excessive length of his sentence caused by “stacking” the four enhanced firearms sentences on a firearms sentence resulting from the same prosecution, which the statute no longer allows. … The Policy Statement provides for reduction in sentence in circumstances involving advanced age, medical conditions, and family circumstances. U.S.S.G. § 1B1.13, cmt. n. 1(A) – 1(C). Except for the Court's knowledge that Johnson is now 43 years old, the Court has no information as to whether his circumstances may fall within those identified in Application Notes 1(A)-1(C). As to the catch-all provision in Application Note 1(D), the Court has not located any information to indicate that the Director of the Bureau of Prisons would determine that the First Step Act's amendment to § 924(c)(1)(C) and the consequent disparity in sentencing between a person sentenced before the Act's effective date of December 21, 2018 and a person sentenced after that date, constitutes a reason “other than, or in combination with” the reasons for a reduction in sentence identified in the Policy Statement.”

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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