Biden Extends "National Emergency, Renewing CARES Indefinitely; DOJ Stalls on Sentence Credits; Relief Legislation Still Awaiting a Vote; Appellate Updates
by Derek Gilna
President Joe
Biden said the
However,
the battle continues to force DOJ to fully implement the First Step Act (FSA) mandated
sentence credits and also to revise PATTERN classifications. The law is clear
on this subject: FSA sentence credits were due to be posted on
One email
received from you this week discussed the inequity of increasing sentences by
"acquitted conduct," certainly one of the most sinister aspects of
federal criminal sentencing. The enhancement of sentences after you plead
guilty also falls into this broad area of injustice. Although the pending
"Equal Act" has gotten most of the publicity, this bill, with five
bipartisan power-house Senators behind it, could have a real impact on sentencing
and dramatically curb prosecutorial sentencing abuse. If made retroactive (a
provision not in the current draft) , it would require resentencing of tens of
thousands of prisoners. In any event, it would prevent any court from
considering a defendant's acquitted behavior or charge at a sentencing, unless
it is to lessen his sentence.
Now what of those of you who have a Medium Pattern classification, which permits the accrual of FSA sentence credits, but not their application to your sentence?
I am strongly advocating for Mediums to receive this credit, and there is intense Congressional scrutiny on the arguably racist methodology used in initial classifications. It is clear that this is also an appropriate subject for litigation, which can only spur positive change. The clear and stated purpose of FSA was to give prisoners incentives to improve themselves, regardless of past offenses. I welcome your inquiries.
Another subject for Congressional inquiry is the scandalous state of federal prison medical care, which is a national disgrace. I have been inundated by comments from prisoners who have serious, chronic diseases, including cancer, that have not only not been properly diagnosed, but even after diagnosis, have not properly treated (See the case of the late Michelle McGee). Some prisons are six months behind in transporting prisoners for outside medical evaluation or treatment.
And which prisons are the worst? Ironically, it the so-called "medical centers" which are the worst offenders. The COVID crisis exposed their inadequacies and lack of staff to Congress and the entire country, and the situation is only growing worse, as "Mix and Match" continues as clearly purposeful action. Lack of adequate medical treatment, decaying facilities, inadequate food, minimal commissary, and short-staffed facilities make a mockery of Congressional intent. Although "hard-time credit" filings are only the stuff of rumor, there are still plenty of avenues of relief available under FSA.
As
promised, I include some recent
favorable compassionate release decisions. See: United States v. Edwards, 2020 WL 7263880, at *1 (D.
Additionally,
see Brown v. United States, 2020 WL 7425328, at *1 (D. Md. Dec. 17,
2020), where petitioner was 71 years of age, had been incarcerated since May
2000, and was serving a sentence of life plus 30 years for drug trafficking and
related offenses, imposed in August 2001. ECF 175.At the time, that sentence
was mandatory for violent and drug
crimes. Also, see United States v. Marty, 2020 WL 7425338, at *1 (E.D.
Nothing sums up DOJ COVID incompetence more than this recent prisoner account: "Testing is sporadic and random and recovery comes without even having a re-test. If an inmate test positive for the virus, they are moved out of the unit for 10 days, then they are placed back in to that same unit with inmates that are still negative. After the January 2022 breakout they tested a unit on the 5th of January where approximately 30 ... tested positive (via rapid test) they then tested again on the 19th where about 77... tested positive (lab test;: the last and finale test was done on the 7th of February, with no positive cases (rapid test)- peculiar given that when a test is sent to the lab that there is a spike in cases compared to the rapid test, that reports little to no cases." This pattern of ineptitude has been replicated in dozens of federal prisons in the past three months.
As the dust settles over mask and vaccine mandates in the outside world, new scrutiny is being paid to those individuals who had serious reactions to the vaccine, as noted in various research websites. Of over 7 million reactions noted, 75% noted "Nervous System Disorders," Skin tissue disorders, " %, 40%, Respiratory disorders, 14%, Psychiatric disorders, and 7%, "Eye disorders." https://www.theepochtimes.com/worst-experience-of-my-life-early-vaccine-adopters-suffer-injuries-struggle-to-get-proper-care_4277958.html?utm_source=Health&utm_campaign=health-2022-02-20.
In the
Circuits: Ruvalcaba v
|
In US v.
Bates, 19-10813 ( 5th Cir. February 7, 2022), Per Curiam, Bates was convicted
of being a felon in possession of a firearm and received a 71-month sentence.
On appeal, he argued that the district court improperly applied an
enhancement under the Sentencing Guidelines for defendants with prior felony
convictions for “crime[s] of violence.” U.S.S.G. 2K2.1(a)(4)(A). Bates’ prior
conviction was for Be not afraid, and let not your heart be troubled. Derek Gilna, Director, JD, (De Paul Law School , 1975),
MARJ, ( |
