Monday, October 19, 2020

Bureau of Prisons, Sensitive to Rising Criticism, "Mistakenly" Deletes, then Reinstates Corrlinks for Two Advocate Organizations

 

"The Empire Strikes Back;" Advocate and Attorney Emails Abruptly Halted, But Reinstated

 

by Derek Gilna

 

            In what was termed by DOJ a "mistake," two prominent prisoner-information websites were abruptly kicked off Corrlinks without prior notice, but later restored.  Those individuals wishing to reestablish contact will apparently have to resend invitations to those organizations, as DOJ claims that it cannot (or will not) do so. (Note our alternate email address at the bottom of the newsletter and save it. for reference.)

            Prisoners and their families continue to have difficulty navigating the IRS website to file a 2019 online 1040 tax return to establish their eligibility of the Sprint 2020 stimulus payment.  I recommend filing a paper return, showing $1 in income for 2019, and listing an address of family or trusted friend. It may take longer, but should work.

            Despite the fact that COVID-19 cases are dropping across the country( with mostly younger people with low mortality rates getting infected), levels in federal jails and holding facilities continue to hold steady, and in some prisons, increase rapidly.   The reason is clear; DOJ and the U.S. Marshals continue to transport COVID-positive prisoners, who in turn fuel new outbreaks at their destinations. One of its favorite holding facilities, Grady County, Oklahoma, has spread the virus system-wide. Intercept.com.

             The evidence would tend to show that DOJ is attempting to create "herd immunity," by infecting as many as possible, and accepting the death of the already sick or medically-vulnerable, to bring the virus under control. According to the Wall Street Journal, 10-19-20, Dr. Anthony Fauci called the strategy flawed. "Never in the history of public health has herd immunity been used as a strategy for responding to an outbreak, let alone a pandemic.   It is scientifically and ethically problematic," said World Health Organization director Tedros Ghebreyesus on October 12, 2020. DOJ still does not test until a prisoner shows visible symptoms, guaranteeing the continued spread of the virus.

The problem is that most prisons are not providing ANY medical care due to the virus.

            In Carswell, it is next to impossible to wash clothes. At FMC Lexington, 91 quarantined, heading to Yazoo , with 200 to follow. In places like Waseca, Coleman, and other prisons with Unicor factories, have shown sharp increases in cases, since social distancing is not impossible and prisoners lack proper protection and cleaning supplies. Elkton transferred prisoners to Ft Dix and a quarter were found to be infected.

            In the 11th Circuit, the court has vacated and remanded the dismissal of  a FSA and CR filing to district court, with instructions: "because the district court addressed only a claim for relief under § 404(b) of the First Step Act ...and did not address Griffin’s claim for compassionate release under § 3582(c)(1)(A), we vacate the district court’s order denying relief and remand to allow the district court to consider (the) compassionate-release claim." US v Griffin, 19-14287, (11th Cir. 2020).

            In US v Taylor, 19-7616 (4th Cir. 10-14-20), the court remanded a 924c matter for resentencing, finding that "the elements of attempted Hobbs Act robbery do not invariable require the use, attempted us, or threatened use of physical force.'" In U.S. v. Glispie, 19-1224, (7th Cir. 10-14-20), the court vacated and remanding, finding that "previous conviction under the Ill. res. burglary stat. cannot be use to enhance (a) sentence under the ACCA."

            Although there is no question that Compassionate Release and Home Confinement issues are taking top billing, do not overlook 2255 inadequate representation or FSA matters, which are also available. Let not your heart be troubled.

 

Federal Legal Center, Inc.

Derek A. Gilna, JD, MRJ, Director

113 McHenry Rd.   #173

Buffalo Grove, IL   60089

dgilna1948@yahoo.com (alternate: dagilna1948@yahoo.com) .

Blogging at "Derek Gilna's Criminal Justice Blog."