Monday, July 20, 2020

BOP Continues to Bungle COVID-19 Response: Courts Releases Drop BOP Population 1000 a week


SCOTUS in Recess, Congress Approaches Adjournment,  Covid-19 Crisis Continues

by Derek Gilna

            Thousands of personal crisis are unfolding in federal prisons as DOJ continues to fumble its response to COVID-19.  At places like FCI Seagoville, there 61 active cases among inmates, and 882 cases as of Tuesday, about 48% of the population. Carswell's cases are approaching 200 and growing rapidly at a facility filled with the medically frail.
Staff are also getting sick, and when tempers grow frayed in places like FCI Gilmer, prisoners are also made to suffer.  Mass testing is the only answer to containing the crisis, but it has only happened in a few areas, since DOJ appears to fear negative publicity from the high number of positives it would certainly reveal.
            To file a Compassionate Release petition in federal court, you MUST file for it with the warden, and either be rejected or wait 30 days. Note that some wardens refuse to give denials in writing, perhaps to slow down the court filing process, and in that instance you must confirm via email the date you submitted the request, and when you received the denial.  This is important.   You DO NOT need to go through the BP process.
            The various district court clerk offices are struggling to keep up with the crush of filings, leading to record delays in getting new cases and other filings posted on PACER.  Despite these delays, the federal prison population is still dropping, and now stands at 159,000. Prisoner population is declining at roughly 1000 persons per week.
            If you want to stay up to date on what is happening nationally with Covid subscribe to Prison Legal News. They currently have a special going for prisoners who have never been PLN subscribers before. $1 gets you a six issue trial subscription. They will take 2 stamps as payment too. An annual subscription is $30 for 12 issues. Their address is: Prison Legal News, P.O. Box 1151, Lake Worth, FL 33460.
            Senator Rand Paul, no fan of the federal government or its "justice" system, argued this week that " Congress could make significant progress by repealing conspiracy laws that result in easier convictions and cruel prison sentences that either do not fit the crime or apply when no crime has been committed at all."
            In the circuits, US v Steward, 19-60624, (5th Cir. 7-9-20), reversed and remanded denial of FSA FAIR sentence relief, although it did not require plenary resentencing.
In an interesting white collar case, in US v. Obagi, et al, the  USCOA for the 9th Circuit reversed convictions for federal mortgage fraud, and remanded for further proceedings, in a case in which the government disclosed after the close of evidence information impeaching a government witness in violation of Brady v. Maryland. How many other cases are out there like this one?   18-50170, consol. (9th Cir. 7-17-20).
            How can we assist you today? Remember, regardless of your past, you deserve a future.   Let not your heart be troubled.

Federal Legal Center, Inc., Derek A. Gilna, JD< Director,
113 McHenry Rd.   #173, Buffalo Grove, IL   60089
(Also in Indiana), dgilna1948@yahoo.com
Blogging at Derek Gilna's Criminal Justice Blog