Monday, February 22, 2021

BOP COVID Numbers Hold Steady: Mandatory Minimums On Biden's Radar?

 COVID-19 Infections Continue To Climb in Federal Prisons While Declining Elsewhere

 

by Derek Gilna

 

            CDC studies show that individuals in prisons are  4.7 times to contract and die from COVID-19 than the general population.  There are many reasons for this and not just DOJ incompetence in controlling the virus. First, DOJ health care ranges from poor to non-existent, Second, as a result, studies also show that federal prisoners are not a healthy group, with a higher incidence of diabetes, obesity, heart disease, dementia and other mental illness, and other serious chronic illnesses that exponentially increase their chance of death from COVID-19, or even just a common influenza. Those with two or three such medical "co-morbidities," potentially death-causing conditions, are at increased risk.

            And, if you do contract the virus and survive, studies have shown that it will seriously reduce your overall health and increase your chance of early death. New radiological evidence and scientific studies show that "COVID-19 can cause the body to attack itself,"  https://news.northwestern.edu /stories/2021/02/radiological-images-covid; https://abc11.com/health/medical-images-show-covid-attacking-body-new-study-finds/10350794/.

            The other wild card for prisoners is the newer strains of the virus, which may very well be incubating in a prison near you.  Scientists have written that confined areas with high rates of infection, low rates of vaccination, and which  have people traveling to and from are perfect spots for the new virus to take hold. "Vaccination Delays Promotes Strains,"   Wall Street Journal, 2-22-21.

            There is some evidence that this has already happened in Minnesota. On January 9, 2021, the Minnesota Department of Health (MDH) announced the identification of the SARS-CoV-2 variant of concern (VOC) B.1.1.7, also referred to as 20I/501Y.V1 and VOC 202012/01, in specimens from five persons; on January 25, MDH announced the identification of this variant in specimens from three additional persons. The B.1.1.7 variant, which is reported to be more transmissible than certain other SARS-CoV-2 lineages.  https://www.health.state.mn.us/news/pressrel/2021/covid010921.html.

            Studies have shown that those who have "recovered," or show no active symptoms, are often afflicted with "long COVID,"  a condition which is only starting to get more attention. https://www.wsj.com/articles/the-challenges-of-getting-long-covid-patients-back-to-work-11613350801. Those with this condition are also prone to reinfections, as happened in Lompoc, California, Elkton, Oakdale, Waseca, and elsewhere. https://www.webmd.com/lung/news/20201012/first-confirmed-us-case-of-covid-reinfections. These changed circumstances can "open the door" to new CR filings if you were previously rejected.

            Serious outbreaks continue at Ft. Dix, which still measure in the hundreds, Carswell, Rochester, with over 400 cases (out of 600 prisoners), and Coleman, where 85% have or have had the virus, and which continues under a lockdown. The recent total breakdown at Texas prisons has also contributed to the misery at Carswell, with no heat, water, working toilets, and limited personnel. DOJ continues its quiet campaign of seemingly random prisoner vaccinations, often using doses rejected by guards, but continue to violate most CDC protocols for employee testing, social distancing, transfer of personnel, and proper quarantining procedures, meaning that the virus will be in federal prisons for many months to come. "COVID-19 Management Assessment and Response Tool for Correction and Detention Facilities," www.cdc.gov.

            The ACLU and other prison reform advocates are ramping up the already considerable pressure on Attorney General-Designate Garland, who is facing Congressional confirmation hearings today. "Reducing the federal prison population will require substantial changes to DOJ charging and sentencing policies," the ACLU said in a letter to Garland. " Perhaps the single most impactful action you can take, if confirmed as Attorney General, to begin to reduce mass incarceration is to stop charging mandatory minimums. (You) will have the authority to expand the 2013 Holder memo, which gave prosecutors discretion to avoid charging mandatory minimums in certain drug cases... You can also direct prosecutors to stop seeking a trial penalty," and stop opposing all compassionate releases. More on this next week.

            In  US v. Hogsett, 982 F,3d 463m (7rh Cir. 2020) the court joined the First and Fourth Circuits,  which have already ruled that FSA modified 841(b)(1)(C) holding that any crack offense qualifies for sentence relief. In US v. Burnley, 19-4176m (4th Cir. 2-19-21), the court vacated and remanded a manager and supervision leadership enhancement while affirming a drug conspiracy conviction.

            One of the recurring issues is whether or not you have been wrongfully sentenced based upon ineffective assistance from your defense attorney. Here are five ways of analyzing your case to see if this was the case: (1 Your lawyer made decision without consulting you; (2 Your lawyer filed notices late; (3 Your lawyer behaved unprofessionally; (4. Your lawyer never responded to you; (5 Your lawyer got terminology or procedure wrong, perhaps showing cognitive decline (dementia); (6 Your lawyer never explained why you should or should not plead guilty/go to trial. There are of course other instances, which we would be pleased to review.   There are time limits for such filings, generally one year after the completion of your direct appeal.

            Be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Derek A Gilna, JD, MARJ, Director,

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

dgilna1948@yahoo.com, blog "Derek Gilna's Criminal Justice" Blog, Google blogspot