Coronavirus Forces BOP to Suspend Visitation for 30 Days

Nation Locks Down on Virus Fears;  Advocates Push for Mass Release of Incarcerated Elderly

by Derek Gilna

            Make no mistake, America is now experiencing its own form of "lock down," with schools and restaurants, sports arenas, transportation hubs, churches and other gathering places shuttered.  DOJ has curtailed all visitors nation-wide for at least 30 days,  as  "social distancing" and serious cleaning and hand washing now is routine for all.

            This development has amplified the call for the release of all elderly prisoners to home confinement.   This is not just an Inmate.com rumor, but a serious topic of discussion.    We intend to insert language advocating that argument  in all petitions and court filings, and amending pleadings already on file. The DOJ "health care" system is clearly not equipped to handle any health-care crisis, and it's time to put the courts and the country on notice of this fact. Prepare your supporting documentation.

            Although there has not been any final announcement about closing federal courts, the Supreme Court no longer permits visitors, and some state and county court system have shut down entirely, except for emergency motions.  

            The federal government has today put hundreds of billions of dollars at the disposal of the credit markets and banks to keep the economy from collapsing, but has also decided that a long-sought $200 million new prison from Eastern Kentucky will NOT be built. All of this is happening in a state with two Republican Senators, including Majority leader McConnell. This sends yet another message to DOJ that the days of building new federal prisons is over, and the indictment of four prison workers in NC for covering up prisoner deaths shows that accountability in DOJ may be increasing.

            Huge pressure has been put on the federal pardon attorney by Congress to consider the "trial penalty" and judge-found sentence enhancements, when reviewing clemency applications, and once again, we will insert  this argument into all applications. 

            As Americans learn to cope with YOUR everyday routine of limited freedom of movement, however, our work continues. In an interesting 4th Circuit decision, US v Jackson, 19-6288, (4th Cir. 3-10-20), where the district court reduced the sentence to time-served, but refused  to "bank" the extra time he served before release to count against his term of supervised release, finding no abuse of discretion, but indicated that the sentencing court COULD exercise that discretion.

            In an important 6th CIrcuit case, the court in In re: John W. Franklin, 19-6093, has granted leave to file a second, successive 2255, to attack his 924(c) offense, based upon Davis, and the Justice Department agreed. The 6th Circuit said that although  normally "lower courts do not apply a new rule announced by the Supreme Court retroactively to cases on collateral review until the Court has announced (it," Lower courts may determine on their own...retroactively.. when 'multiple cases...necessarily dictate the retroactivity of the new rule,'" citing Tyler v Cain, 533 U.S. 656, 664, (2001).

            We will discuss more next week regarding attacking the guilty plea, when it is not "voluntarily and knowingly made." Have a good week, and let not your heart be troubled.

Federal Legal Center, Inc. ,Derek A. Gilna, JD,  Director

113 McHenry Rd.    #173, Buffalo Gove, IL   60089

(Also in Indiana) dgilna1948@yahoo.com