Waseca Joins Carswell, Rochester, Terre Haute, and other BOP Facilities as COVID-Hot Spots; Prisoner Transfers Spark Virus Spread

 

Justice Ginsberg's Death Pushes SCOTUS Vacancy into Election Campaign:   What it Means

 

by Derek Gilna

 

            The death of celebrated Justice Ginsberg has made the future direction of the Supreme Court (SCOTUS) the top issue in the November election. Although the focus is on the President's pick, ( which will be 7th Circuit Appeals Court Judge Amy C.  Barrett), the real pressure is on Senators up for re-election. However, the impact on prisoner cases will be minimal regardless of the pick, since SCOTUS already has a conservative majority, all very capable of rendering positive decisions in the prisoner-rights area.

.           Ginsberg has best known for writing intelligent dissents (for the losing side), but the future of the court depends upon people like Justice Gorsuch, who believe that ALL people are entitled to constitutional protection. As the U.S. Sentencing Commission has ceased to be a force for reform, our focus turns to Congress to pass Second Step , and  also  to a President who hates the entrenched federal DOJ bureaucracy, and who has already done more for prisoners in 3 years than the previous president in 8.

            Attorney General Barr made news this week by attacking career prosecutors, whom he attacked as "headhunters," more interested in politics than justice.  In doing so, he reflects the public's view that the federal  prison system, like quarantines. is inhumane and unhealthy.  The  155,483 in custody  suffer virus surges in places like FMC Rochester, FCI Waseca, "house of horror" FMC Carswell, and Terre Haute, which all continue to struggle with basic "best health practices," and instead resort to a quiet information blackout to block prisoners communications with the outside world, in another, "Nothing to see here" moment. Both political parties should make a pledge for an independent oversight "ombudsman" to end this health nightmare.

              Has no one at DOJ or  the U.S Marshal's service read the CDC reports, which now states that EVERYONE should be tested if exposed to a sick person? Are all of these prisoner transfers worth the risk to prisoners and staff given the lack of medical care?    In the circuits,  the 7th  came up with two favorable decisions.In US v Bethany, 19-1754, the court remanded a FSA 401 petition, in light of US v.  Paladino, 401 F.3d 471,484 (2005). In US v Uriarte, 19-2092, (7th Cir. 9-15-20), the court affirmed the dc's grant of Section 403 FSA relief, which reduced the MM for a 924c.

            In US v. Easter, the court decided "whether, when considering a motion for sentence reduction under the FSA, a court must consider anew all of the 3553(a) factors...

Our answer is a resounding yes, (and we) vacate the denial of (his) motion and remand for reconsideration..." 19-2587, (3rd Cir. 9-15-20). In US v. Lee, 18-2391, the appeals court reversed an above-guidelines sentence, where there was nothing to show that the "criminal history has (any) bearing on the instant offenses,(and) does not justify the two-year upward variance...which nearly doubled (the) recommended sentence under the guidelines.   We therefore vacate...and remand for resentencing."

            Be not afraid and let not your heart be troubled.

 

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

113 McHenry Rd.   #173, Buffalo Grove, IL   60089 (and Indiana)

dgilna1948@yahoo.com; blogging at "Derek Gilna's Criminal Justice Blog."