Federal Prisoner Relief Is Coming No Matter Who is Elected President

 

No Question that 2020 and 2021 Will See More Prisoner Relief; Appellate Update

 

by Derek Gilna

 

            No matter the result of  the election (which may not be settled until the U.S. Supreme Court rules on vote challenges after Justice Barrett is seated), the balance of 2020 and 2021 will see more prisoner relief, at least on the scale of First Step. Only the timing is in question.

            Regular readers of this newsletter know that I teased a development for this month, which is almost over.    The reason for this was the up tick in activity in both White House and DOJ clemency offices, and some of the feedback from readers, who have also noticed the change. In the last debate, the President touted First Step  releases, and high profile clemencies, whereas Biden retorted that Obama's (condition-filled) clemencies were more numerous.   The President (with all major police endorsements in his pocket polling at record levels in the Black community) smiled a knowing smile, but uncharacteristically said nothing.  Win or lose, he will not miss a chance to again outdo, upstage, (or shame) Obama by a substantial grant of Presidential clemencies and pardons before January 20, 2021, blowing apart Democratic dominance of Black support.

            "Crime Bill" Biden, whose most ardent supporters are now left wing police  and prison abolitionists, is already on record  favoring the retroactive abolition of mandatory minimums, , as well as a "Second Step," which would result in well over 10,000 federal prison releases. What you would not see with a President Biden is DOJ or FBI reform. If reelected, Trump will fire the current FBI Director, and complete his DOJ restructuring, reining in glory-seeking federal prosecutors who have caused untold human misery.

            Part of that restructuring would include the federal prison system, which continues to apparently purposely spread COVID-19 infections, which spiked in  the past week. Virtually every prison has a serious outbreak, and at least one quarantined unit. Transfer institutions like Thomson, McDowell,  and Ft. Dix have been especially hard hit and at Alderson all transferees tested positive upon arrival.  Other institutions like Forrest City, Pekin, and Waseca, have seen guard shortages when many called in sick due to hazardous working conditions. Carswell and Butner have new cases, some of which are reinfection. Still other wardens are defying AG Barr's CARES release guidelines ,and complaints from Congressmen,  despite the fact that the DOJ IG has cited the federal prison system in both Lompoc and other locations for inadequate medical care.

            In the circuits, in US v. Firebaugh, 16-20341, USDC-SD-FL, (June 1, 2020), the Government conceded that on May 18, 2020" DOJ issued internal guidance which directs that the Government concede that Defendants who have certain CDC risk factors, (lists them), can establish 'extraordinary and compelling reasons,'  a remarkable development, leaving only the "danger to the community if released" roadblock.

            In US v Wilson, 19-3394, (6th Cir. 10-23-20), the court vacated a 922g1 sentence, where an Ohio robbery was found to not be an ACCA predicate. In the white collar case of US v. Hazelwood, 18-6023 (6th Cir. 10-14, 20) the court reversed  all conviction when the prosecution violated FR 403 by introducing inflammatory statements unrelated to the case. In  US v. Alhaggai, 19-10092, (9th Cir. 10-22-20) the court vacated a terrorism sentence, where the district court erroneously permitted a terror enhancement when the government prosecuted based upon inflammatory statements on social media without making a finding that there was intent to commit an act of terrorism.

            I would be pleased to review your case for possible FSA relief, Compassionate Release, or a 2555 habeas for inadequate representation of counsel, at no charge.

Let not your heart be troubled.

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

113 McHenry Rd. #173, Buffalo Grove, IL   600689 (and Indiana)

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