Congressional Action on Reform Unlikely Until Early 2022;
DELTA Numbers Continue Climb; Check Your Medical Records for Critical
Omissions; Appellate Updates
by Derek Gilna
DOJ
continues to struggle for a meaningful response to rising Delta
infections, relying upon the Biden's administration's escalating crises to
shield it from scrutiny. However, after
this week that will be harder to do, since this is one of the few weeks when
both the House and Senate are both in session. (Only 3 full weeks of Congressional
sessions after this one before the end of the year.) Congress' and media
attention is too focused on the big-money $1 billion Infrastructure bill and the
$3.5 billion "reform" bill to bring the sentence reform bills for a
vote.
Meanwhile,
the avoidable human suffering in many institutions continues, as DOJ continues
its scheme of undercounting prisoner virus positives, while in all probability
accurately reporting staff infections.
Who would believe a count in one institution of 7 staff and 1 prisoner,
which defies scientific logic? This is exactly the type of contradiction that
we use in the arguments that we make on individual's behalf in CR pleadings,
relying upon specifics from your institution.
From
"Outbreak of SARS-CoV-2 B.1.617.2 (Delta) Variant
Infections Among Incarcerated Persons in a Federal Prison —
From the
same report: " Attack rates were higher among unvaccinated persons (39 of
42; 93%) than among fully vaccinated persons (129 of 185; 70%) (p = 0. 002) and
among persons vaccinated ≥4 months before the outbreak (83 of 93; 89%) than
among those vaccinated 2 weeks to 2 months before the outbreak (19 of 31;
61%)."
At
Carswell, "13 positives that we know of.... they will be coming in to test
today if they have the tests....sure that there are way more positive them we
know of and the other parts of the prison...and other parts we wee told are starting to pop positive as well....
Carswell is in trouble again... , six women are positive for Covid in a unit of
94 women...this unit houses women with medical conditions, the more vulnerable
and older." These are the most-immuno compromised women in the federal
prison system. .
At FCI
Phoenix, "My unit...just now got out of 46 day quarantine while in a 18 month Covid semi-lockdown. ..30
guys in my unit tested positive, and were sent to quarantine, 10 had Covid
before and had Moderna vaccines, two or them had to be hospitalized. They were
healthy athletes about 35-40. The rest
of us without Covid, but vaccinated, were quarantines...The prison website says
only 45 prisoner and 15 staff have Covid. I doubt it." This number of
positives of previously-vaccinated casts serious doubt whether prison medical
staff there (or anywhere) properly handled these vaccines prior to usage,
reducing their potency.
At FCI
Tallahassee, " three more women from the work unit I was previously housed
on was tested positive today and placed
in isolation. They have now put the entire unit on lockdown. This virus is
spreading because of the officers who are bringing in the virus to us..."
Alderson
continues to have a high number of positives, with prisoners transported to the
hospital and placed in intensive care: "we had two units yesterday go on
quarantine, do not know the numbers, They are not (doing) mass testing...I know several inmates...living
in my housing unit... they are sick, throwing up, diarrhea, fever and they are
told it's head colds and allergies. I
have suffered with allergies all my life I don't recall throwing up or having
diarrhea."
We continue
to see numerous cases where prisoners are "slow-walked" or outright
refused copies of their medical records in Compassionate Release cases, in all
probability because they have either been altered, or coded incorrectly, to
mislead the court that must decide whether or not to release the prisoner based
upon a life-threatening disease. It is absolutely essential that you obtain
your medical records and document your serious symptoms for use in court
filings, either by a cop out to the medical department, or an email to outside
contact, who can file them with the court.
|
In the
circuits, in The Third Circuit vacated the sentence. Hobbs Act robbery is not a “crime of violence” under the career offender provision, U.S.S.G. 4B1.2(a). The court applied the “oft-bedeviling categorical approach” and compared the statutory offense with the definition of “crime of violence” found in the Guidelines to conclude that Hobbs Act robbery sweeps more broadly than the career offender guideline. The court noted the consensus of the Courts of Appeals. "A Prison is like a town that has been hit by a massive storm, only the damage is permanent." Anonymous. Be not afraid and let not your heart be troubled. Derek Gilna, Director, JD, MARJ, federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries. Blog: "Derek
Gilna's Federal Criminal Justice Musings and Reflections." |
