Fast Facts (Full BOP stats can be found here)
Confirmed active cases at 110 BOP facilities and 14 RRCs
Currently positive-testing inmates: 476 (down from 587) Currently positive-testing staff: 697 (down from 703) Recovered inmates currently in the BOP: 49,068 (up from 49,067) Recovered staff: 13,687 (up from 13,674)
Institutions with the largest number of currently positive-testing inmates:
Schuylkill FCI: 67 (unchanged)
Canaan USP: 67 (up from 49)
Yazoo City Low FCI: 48 (unchanged)
Institutions with the largest number of currently positive-testing staff:
Central Office HQ: 59 (unchanged)
Rochester FMC: 35 (unchanged)
Brooklyn MDC: 29 (up from 25)
System-wide testing results: Presently, BOP has 141,984 federal inmates in BOP-managed institutions and 13,963 in community-based facilities. Today's stats: Completed tests: 128,714 (up from 128,713) Positive tests: 55,363 (up from 55,362)
Total vaccine doses administered: 329,307 (up from 329,106)
Law Review Note: Grants of compassionate release based on sentencing disparity...
Those of you researching compassionate release applications based on sentencing disparities should review "WHEN COMPASSION MEETS THE LAW: SENTENCING DISPARITIES AS EXTRAORDINARY AND COMPELLING REASONS WARRANTING COMPASSIONATE RELEASE," by recent Elon University School of Law graduate Jessica L. Leach, 14 ELONLR 287, viewable here.
For reference, here is the Table of Contents:
INTRODUCTION .................................................................................. 288
II. BACKGROUND ................................................................................. 292
A. History on Compassionate Release
Prior to the First Step Act of 2018 .......................................292
B. The First Step Act of 2018: A Brief Overview
and the Significant Changes it Brought to
Compassionate Release Motions ...................................... 295
C. § 3582(c)(1)(A) Motions for Compassionate
Release: Requirements ......................................................... 296
D. § 2255 Motions to Vacate, Set Aside, or Correct
a Sentence: Requirements ................................................... 298
III. THE FOURTH CIRCUIT DECISION: UNITED STATES V.
MCCOY AND ITS COMPARISON TO OTHER FEDERAL
DISTRICT AND COURT OF APPEALS DECISIONS ............. 299
IV. DECISIONS POST-MCCOY (AND FINE) AND HOW
COURTS ARE MOVING FORWARD ............................................ 302
A. Decisions Interpreting the “Sentence Stacking”
Holding from McCoy .............................................................. 302
B. The Holding in McCoy is Clear in the
Fourth Circuit— But Does the Holding
Extend Beyond § 924(c) Sentencing Disparities?....... 303
V. RECOMMENDATION TO THE SENTENCING COMMISSION
WHEN ADOPTING A REVISED POLICY STATEMENT ............. 306
VI. CONCLUSION ......................................................................................... 307
Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has identified no new COVID-related fatalities. The total number COVID-related inmate deaths remains at 306. Eleven of the inmates died while on home confinement. Staff deaths remain at 7.