Federal Prison Director Resigns Under Firestorm of Criticism, More Departures Imminent; January 24 the New Date for First Step Sentencing Credits-Finally; Curious Lack of Food, Cleaning Supplies, and Commissary Continues; OMICRON Spreads Throughout Federal Prison System, and the Country; Appellate Updates
by Derek Gilna
In a
statement on Wednesday, the Department of Justice (DOJ) said the federal prison
director informed Attorney General Merrick Garland of his pending
resignation.
The department said he will remain in his position until his successor is named, according to The Associated Press. Its report also revealed that more than 100 federal prison workers have been arrested, convicted or sentenced for crimes committed since 2019, and highlighted the rapid spread of COVID-19 inside federal prisons as well as dozens of escapes, deaths and staffing issues that led to poor responses to emergencies. Although Congress was highly critical of him, the correctional officer's dismay of their working conditions and health also played a part in his departure. Jose Rojas, a leader of the federal correctional officers' union, summed up his feelings thusly: "Good riddance."
Your cards, letters, and emails directed to your Congressional representatives helped provide the impetus for an unusually blunt letter from dozens of them to DOJ:
"Many instances of physical and psychological abuse,
denial of medical care, 24-hour solitary confinement, denial of basic personal
hygiene, denial of access to legal counsel, destruction of records, and general
abuse of rights and mandated standards for prisoners have been brought to our
attention. Constitutionalist Republicans in Congress will not stand idly by and
allow these atrocities to continue. We promise you... those responsible within
After stalling and providing misinformation and misdirection to Congress, its own employees, and federal prisoners, DOJ has said it will comply with a firm January 24 deadline for applying applicable First Step Sentence Credits. Unfortunately, as with all DOJ prison programs, you can count on this being a huge mess. The good news is that the agency can now be compelled to give you the time credits with a court filing. I see no point in delaying your sentence credits, which in some instances would bring about an immediate release. I would be happy to handle this for you..
But first,
why are certain prisons, specifically Carswell, but not only them, running low
on cleaning supplies, soap, hygiene products, and commissary items? This
development could not come at a worse time, given the spread of OMICRON
throughout the country. Weakened by previous bouts with the disease, prisoners
with untreated pre-existing conditions, "Long Covid," substandard
diets, and individuals with at least one co-morbidity are much more susceptible
to death from OMICRON. Unfortunately, the system is probably unable to attain
even the low levels of response that it did in 2020, due to misallocation of
resources, short staffing, and poor leadership from
Although
OMICRON appears to be less deadly to a relatively healthy individual, it
strikes vaccinated and unvaccinated alike. It also provides a convenient excuse
for postponing testing and treatment of prisoners who did not come into the system in good health, and face a
risk of mortality based upon lack of (or no) treatment. Although this is also a problem in the
outside world, the situation in federal prisons for thousands of vulnerable
individuals is dire. After a months-long pause, the deaths from OMICRON have
begun, at Carswell and Alderson (and elsewhere). And to add to the misery,
obsolete facilities such as
Contrary to
the pronouncements of ill-informed judges, OMICRON is a serious threat to the
incarcerated. . Omicron is "making people really sick in a different
way" compared to the original virus, a leading ER doctor has said Dr.
Craig Spencer, an associate professor in Emergency Medicine at the
Spencer
said "record numbers" of people with COVID-19 were attending the ER,
as well as "extremely high" numbers of non-COVID-19 patients.
"During the first surge, COVID was the only thing we saw in our ERs,"
he said, stating that it is making
preexisting medical conditions worse. For example, it could trigger a
life-threatening condition, called diabetic ketoacidosis, in people with diabetes,
he said, and older people with can
become too weak to get out of bed, can't walk and can't leave hospital.
"What's also different now is those COVID cases are often in beds next to patients who've done everything to avoid the virus, and for whom an infection might have a dramatic toll," Spencer added. "The cancer patient on chemotherapy. Those immunocompromised or severely sick with something else." https://twitter.com/Scott_A_Spencer/status. More discussion of this at: https://www.businessinsider.com/omicron-variant-covid-making-people-sick-different-emergency-room-doctor-2022-1.
Evolving
science has also blown a hole in the DOJ and some circuit's pronouncement that
vaccination prevents infections. The CDC and every major study and paper issued
on the subject indicates that vaccination only lessens symptoms, but does not
eliminate the possibility of infection or death in the vulnerable.
Unfortunately, all reputable studies show that natural immunity, only obtained
after having had the disease, is vastly superior to temporary immunity
conferred by vaccination. This natural immunity is NOT as strong in those who
are already suffering from a chronic disease. COVID.CDC.gov, COVID Cases in the
Federal
prisoners should be on the lookout for these signs of lung cancer: "A new cough that's persistent or
worsens, Coughing that produces blood. Chest, back, or shoulder pain while
laughing or coughing, Shortness of breath, Unexplained weight loss, Loss of appetite,
Feeling weak or tired, Lung infections." You are considered high-risk if
you were a smoker, exposed to second hand smoke, or exposed to Radon.
www.americancancersociety.com.
Alderson,
Carswell, Aliceville, Ashland, Waseca,
Milan, Forrest City, Milan, Schuylkill FCI, Terre Haute, Bastrop, Duluth,
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In the
circuits, in In Blake v. US, 20-2145, (7th Cir. January 4, 2022,) based on his 2007 convictions, Blake is serving a sentence of 420 months’ imprisonment for cocaine offenses, 21 U.S.C. 846, 841. The Seventh Circuit affirmed his sentence. Five years later, the court rejected Blake’s effort to set aside his sentence on collateral review under 28 U.S.C. 2255. Blake was sentenced before the Fair Sentencing Act of 2010 amended the statutes and Sentencing Guidelines for persons convicted of crack cocaine offenses. The First Step Act of 2018 made the 2010 Act retroactively applicable. The district judge concluded that Blake, who has a history of violence, does not deserve a benefit from the 2018 Act. After allowing his attorney to withdraw, the Seventh Circuit vacated the denial of Blake’s motion. The district court sidestepped the parties’ dispute about the quantity of drugs attributable to Blake for sentencing purposes and never calculated the retroactively lowered range under the Sentencing Guidelines. At the time, the court did not have the benefit of the Seventh Circuit’s 2020 holding that a district court commits reversible procedural error by making a discretionary decision. “The future belongs to those who believe in the beauty of
their dreams.” ELEANOR ROOSEVELT Be not afraid, and lot not your heart be troubled. Derek Gilna, Director, JD, (De Paul Law School , 1975),
MARJ, ( federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries. Blog: "Derek Gilna's Federal Criminal
Justice Musings and Reflections." |
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