COVID-19 Continues Its March Through Federal Prisons, as DOJ
Efforts Fall Short
by Derek Gilna
COVID-19
cases continue to multiply in the federal prison system, while the number of
cases nationally level off.
Unfortunately, most of the country's increase is coming in areas not
previously hard-hit, and especially in the South and Southwest. Outbreaks
continue in Oakdale, a previous flash-point, which is being locked down again,
but have also hit women's facilities hard, including Coleman, Pekin
In the
Presidential race, former prosecutor Kamala Harris is mentioned as Biden's top VP choice, which is bad
news for prisoners. Harris' actions as California AG were problematic, and her
selection and election would be a setback for sentence reform. However, there
are signs that the current administration will take some decisive action pre-election in the area or sentence reform
to build upon First Step, perhaps even support for S 4034, "a bill to
expand eligibility for and provide judicial review for the Elderly Home
Detention Pilot Program, provide for compassionate release based on
COVID-19."
The
question is whether the current (long-overdue) focus on police misconduct will
translate into some positive action on sentence reform. My crystal ball is a
little cloudy, but my guess is that the answer will eventually be,
"yes." One unlikely champion of reform is the Business Roundtable, a
group of 193 companies who are lobbying for a nationwide registry of rogue
officers, many of whom are hired by other departments after being fired from
another for repeated acts of misconduct.
In the
circuits, the 7th vacated and remanded a conviction for unlawfully possessing a
firearm in violation of 18 USC 922(g)(9),
citing Rehaif, and the court agreed that the definition of "misdemeanor
crime of domestic violence" is quite complicated," and permitted the
withdrawal of a guilty plea. Also in the 7th, in Day v US 6-24-20 .
In US 6-24-20 ,
the 4th Circuit overturned a denial of relief under FSA, for a reduction of
sentence based upon cocaine offense prior to 2010, where 841(b)(1)(C) applied.
If you have
not yet filed your petition for compassionate release, and feel that your
current health status or that of a family member at home is susceptible to
COVID-19, please contact us for a review.
We also would be happy to review your case for possible relief based
upon inadequate representation of counsel or a sentence affected by FSA. Let
not your heart be troubled.
Federal Legal Center, Inc., Derek A. Gilna, Director
