Public, Congressional Reaction to DOJ Prison Mismanaged
Pandemic Response Spurs Recent Bureau of Prisons Release Drive
By Derek Gilna
When you
take away a person's ability to protect and themselves from disease, and then fail
to treat them, you own the results. Fear, which I would argue drives most human actions,
has taken over DOJ, and exposed its failures to the public at large. Although
there is no doubt that Attorney General's recent memos suggesting that
vulnerable prisoners will be released is a good start, we all know that the
flawed classification system and shoddy and unprofessional medical record
keeping leave it poorly positioned to accurately identify those individuals.
Another
serious issue is the LACK OF TESTING for Covid-19 in the institutions. By way
of comparison, at Cook County , Illinois
As of Monday
morning, and these are the (minimum) confirmed figures: Danbury, CN had over
20; Oakdale, La. 75; Lompoc, 19; Yazoo City, Ms., 18; Butner, NC., 12. DOJ said Sunday that 139 prisoners and
workers have tested positive, and 7 had died.
The real figures are probably much higher. DOJ has come up with its own
version of "Schindler's List," identifying 10-20 in each institution
who should be released either because of age, illness, or nearing release. It is a belated attempt to show the public
and Congress that they are doing "something." Don't be fooled. File your request for Compassionate release
in any fashion possible, NOW , and seek
judicial action if that request is denied.
The U.S.
Supreme Court (now working remotely), held in Davis v. U.S., 589 US_ (2020),
that in a 8 U. S. C. §§922(g)(1), 924(a)(2), and possessing drugs
with the intent to distribute them, 21 U. S. C. §§841(a)(1),
(b)(1)(C), case, that " the Fifth Circuit’s outlier practice of refusing to
review certain unpreserved factual arguments (where a timely objection was not
made in district court) (was) plain error. We agree with Davis
In the
circuits, in US v. Phea, 17-50671, (3-31-20 ),
the Fifth Circuit ruled in a appeal of a denied 2255 petition that defense
counsel "rendered ineffective assistance by failing to object to an
obvious constructive amendment," and reversed. In a SO matter, where there
were allegations of violations of 18 USC
Section 1591(a) and 1952(a)(3), and the court's instructions to the jury
plainly reworded the indictment, the court granted relief.
We will
continue to give you the FACTS needed to debunk rumors and falsehoods. Stay safe, and let not your heart be
troubled.
Federal Legal Center, Inc., Derek A Gilna, JD, Director,
(Also in Indiana dgilna1948@yahoo.com
