Will Biden Continue Prisoner Reductions Started Under Trump?

 

Federal Prisoner Count Drops 38,000 in last Four Years; Biden Urged To Continue Trend

 

by Derek Gilna

 

            While Congress obsesses over an impeachment of the old President, the new President has promised to enact a whole series of reform measures that would continue to reduce federal prisoner counts, which dropped 38,000 four years ago to 151,646 on inauguration day. (Thank you, Jared Kushner.) The new President has asked for the passage of the Safe, Accountable, Fair, and Effective (SAFE) Justice act, introduced in the House which takes a broad-based approach to improving the federal sentencing and corrections system, from front-end sentencing reform to back-end release policies and pledges to end mandatory minimums. The public supports these reforms.

             Biden is also expected to bring forth a plan to bring the COVID-19 nightmare to an end in federal prison, especially after the shell-shocked general public's concerns with its own mortality ebbs. There is no time to lose.

            The DOJ's veil of secrecy continues to be drawn tightly over federal prison's public health crisis, as DOJ continues to undercount cases, and individual institutional responses and treatment strategies continue to be puzzling in their inconsistency and ineffectiveness. Based upon current numbers of infected individuals, I would argue that the DOJ website numbers are probably only about one-quarter of the true number..

            Rochester has 408 inmates and 57 staff ill; Carswell over 300 (at least one death), Carswell camp, 270 out of 300,  Pekin, 700, Atwood camp, 125, and Butner, still around 200.  Ft Dix continues to receive more infected transferees, suffered a recent death in its camp, and still has a large group of positive COVID-19 cases. Prisoners have filed a new lawsuit regarding the inhumane conditions. Compassionate Releases continue to be granted, as well as 3582 relief.

            In US v. McDonel, No. 07-20189 (ED Mich. Jan. 13, 2021), was convicted of multiple roberries involving a gun, receiving over 100 years. He sought relief under 18 U.S.C. 3582(c)(1)(A)(i), as amended by section 603(b)(1) of the First Step Act of 2018, Pub L. 115-391, 132 Stat. 5194, 5239, which allows a sentence reduction for “extraordinary and compelling reasons."  "The gross disparity created by the legislative changes, which mitigated the harshness in the sentencing scheme to which McDonel was subjected, coupled with McDonel’s youth and rehabilitative efforts, qualify as extraordinary and compelling reasons under section 3582(c)(1)(A)(i). Other factors that the Court also must consider favor relief.  The motion will be granted."

            In US v. Nafkha, No. 2:95-CR-00220-001-TC (D Utah Jan. 11, 2021):

" Nafkha moves for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i), asking the court to reduce his nearly 73-year sentence in the custody of the United States Bureau of Prisons (BOP) to time served.  Nafkha has served approximately 25 years of his sentence. He asserts that the circumstances surrounding his sentence — which consists of four consecutively “stacked” counts under 18 U.S.C. § 924(c) — constitute extraordinary and compelling reasons for his early release.  The court finds that Nafkha has satisfied his burden of showing extraordinary and compelling reasons to release him and that the balance of sentencing factors set forth in 18 U.S.C. § 3553(a) warrant his release. Accordingly, his motion is granted."

           

 

 

            Seek and you shall find.   If you don't start your search, you will never find what you are looking for. In these difficult times, be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Derek A. Gilna, JD, (De Paul Law) MARJ, Director,

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

dgilna1948@yahoo.com, Derek Gilna's Criminal Justice Blog.

 

 

." 

.