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Fast Facts (Full BOP stats can be found here)

Confirmed active cases at 94 BOP facilities and 13 RRCs

Currently positive-testing inmates: 303 (up from 239) Currently positive-testing staff: 482 (down from 490) Recovered inmates currently in the BOP: 48,984 (down from 49,074) Recovered staff: 14,022 (up from 14,009)

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

Yazoo City Low FCI: 58 (up from 24)

Berlin FCI: 44 (up from 36)

Brooklyn MDC: 42

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

Central Office HQ: 57 (unchanged)

Brooklyn MDC: 33 (up from 32)

Rochester FMC: 25 (unchanged)

System-wide testing results: Presently, BOP has 142,829 federal inmates in BOP-managed institutions and 14,161 in community-based facilities. Today's stats: Completed tests: 128,708 (up from 128,707) Positive tests: 55,356 (up from 55,355)

Total vaccine doses administered: 329,902 (up from 329,787)

Case Note: Another lifer gets relief because today he'd be subject to lower sentence...

In U.S. v. TODD DAGGS, No. CV 09-166, 2022 WL 4365880 (E.D. La. Sept. 21, 2022) (Lemelle, J.) the court reduced defendant's life + 30 sentence because today he would not be subject to mandatory life today under § 841’s penalty provision, or the 30-year consecutive mandatory stacked 924(c) sentence, explaining: "Todd Daggs is serving life in prison plus 30 years for drug trafficking and firearms convictions. If sentenced for these same crimes today, he would have been eligible for a more lenient sentence. At the time of his sentencing in 2010, the life sentence imposed was mandatory for his drug trafficking conspiracy conviction. And, at the time of sentencing, a mandatory 30-year consecutive sentence was imposed for his second conviction for possession of a firearm in furtherance of a drug trafficking crime. Since 2010 significant criminal justice reforms have been implemented to address this country's overincarceration problem and to avoid disproportionate or excessively long prison terms. If he was sentenced today, Mr. Daggs would not face the same penalties: instead of mandatory life, he would face a mandatory minimum sentence of 10 years for the drug conspiracy conviction. See 21 U.S.C. § 841(b)(1)(A). And instead of the 30-year consecutive mandatory minimum (five years for the first and 25 years for the second § 924(c) conviction), he would face a 5-year mandatory minimum sentences for the first § 924(c) conviction that would run consecutive to the four counts of convictions noted above plus an additional 5-year sentence that would run consecutive to the latter § 924(c) sentence and all other sentences as noted above. … Notably, the government did not dispute: (i) if Daggs had been sentenced after the First Step Act was enacted, he would not face a mandatory life sentence; and (ii) if Daggs had been sentenced after the First Step Act was enacted, a stacked 25-year mandatory minimum imposed for the second § 924(c)(1) offense could not have been imposed. … Finishing with editorial commentary, the government argues the interpretation of the First Step Act's exceptional and compelling circumstances language by the overwhelming majority of reviewing courts threaten the principle of sentence finality and creates a loophole in the statutory guidelines. We disagree. … We begin by recognizing that the § 3553(a) calculus is different from when Judge Engelhardt imposed the life plus 30-year sentence. As shown above, Congress has dramatically reduced the sentencing outcomes that drug offenders like Daggs would otherwise face today. That different calculus impacts sentencing factors. Congressional action reflects sentencing reductions for certain drug convictions in an overall effort to consider the need for public safety, reduce prison populations, ameliorate sentence disparities between powder and crack cocaine, eliminate racial inequities in sentencing, and other concerns. The elimination of a mandatory life sentence for certain drug convictions to a 10-year mandatory minimum sentence generally provides new guidance for pronouncing just punishment but not more than necessary to meet the goals of sentencing, particularly “the offense(s) and history and characteristics of the defendant, need to reflect the seriousness of the offense, promote respect for the law, provide just punishment for the offense, the kinds of sentences available, the kinds of sentence and sentencing range established for the applicable category of offense or defendant, any pertinent policy statement, and the need to avoid unwarranted sentence disparities among defendants with similar records.” 18 § 3553(a)(1) thru (6). The dramatic changes in the sentencing calculus along with above-related sentencing factors further appear to favor modification of Daggs’ sentence. … If the court gave a guidelines sentence, Daggs's total prison sentence would have been between 308 months and 355 months. He has currently served roughly 142 months. Courts granting a reduction to time served consider the comparable sentence today before making such a substantial reduction. See Ledezma-Rodriguez, 472 F. Supp. 3d at 508 (granting time-served sentence where the defendant “has served five years more than what Congress has since determined to be minimum punishment for his conduct.”). As with the original sentencing judge, we find a guidelines sentence provides just punishment but not more than necessary to meet the goals of sentencing, particularly in promoting respect for law, discouraging recidivist behavior, and other goals and factors discussed supra.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today the BOP identified no additional inmate fatalities and so the total number COVID-related inmate deaths remains at 308. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.

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