First Step Act Relief Transitions from COVID-19 Based to Broader Sentencing Review;
Stimulus Check update; Will ACLU Waseca Class Action Spur DOJ Accountability?
by Derek Gilna
Despite DOJ efforts to paper-over the dire situations in the federal prison system by implying that the new vaccines will soon be available, it is simply not true. DOJ has issued no general public statement regarding vaccines, simply because it will not be given to it anytime soon, and will go the guards first. Prisoners face not only the problem of contracting the disease, but the lack of treatment thereafter. There is simply not the trained staff or resources to do so. However, even the development of a vaccine will not slow FSA releases, as the following cases illustrate.
Judges are granting relief for a variety of reasons not all related to COVID. Although the highest percentage of FSA releases are based upon the potential mortality for the person contracting COVID, many of the newer decisions are not. People who have minimal or no risk factors, but whom have family that are ill or elderly, or have excessive sentences, have also won relief. This is an exciting development, as it provides a new form of sentence reduction that does not depend only upon the whims of Congress, the Sentencing Commission, and the President.
See just two of many examples: United States
v. Lyle, 2020 WL 7247780, at *1 (S.D. Tex. Dec. 9, 2020),1,141 months for bank
robbery, reduced based on discrepancy of comparative sentences, to 493 months United
States v. Allsbrook, 2020 WL 7202577, at *1 (S.D.
Also: United
States v. Scott, 2020 WL 2467425, at *3 (D.
“Multiple district courts have reasoned that “the First Step Act’s change in how sentences should be calculated when multiple § 924(c) charges are included in the same indictment constitutes an extraordinary and compelling reason under 18 U.S.C. 3582(c)(1)(A).
See
Additionally, the Fourth Circuit Court of Appeals became the fourth appellate circuit to hold that district courts reviewing an inmate’s motion for sentence reduction under 3582(c)(1)(A) have the independent discretion to determine if there are “extraordinary and compelling reasons” warranting the requested reduction. The Fourth Circuit joins the Second, Sixth, and Seventh Circuits in recognizing district courts’ broad discretion when reviewing requests for sentence reductions and compassionate release.
Recent counts: Carswell, over 300; FCI Schuylkill, 200; Yazoo, over 150; FCI Gilmer, 142; Devans, 100+; Terre Haute, over 100; Pekin. over 100, and many others.
Although
the stimulus finally passed, there is no bill text to refer to for a definitive
answer, but it does NOT appear that prisoners and their spouses are excluded from receiving payments
of at least $600 per person. There is
confusion as to how the
What the new Presidential administration? If one is go by campaign promises, there will be new progress on mandatory minimums, and perhaps even a change to the heavily-criticized PATTERN sentence credits. Biden has yet to name an attorney general, so we have no guidance as to priorities there, but whomever it has to contend with the DOJ bureaucracy, not known for its responsiveness to reform.
One more
reason for optimism is the newly-filed ACLU COVID class action against the
Waseca women's prison, which has been one of the most egregious offenders of
intermixing non-positive and positive prisoners. It is set for status
In the meantime, do something to make your day and someone else's a little better. Let not your heart be troubled. Happy New Year.
