BOP COVID-19 Nightmare Continues as Infection Spreads to New Prisons

Memo to Federal Prison System: Incompetence, Mismanagement, and Deception On Public Display.

by Derek Gilna

            Things are so bad in the federal prison system that loved ones are taking matters into their own hands. In Beaumont, Texas, mom, wives, and girlfriends of the confined and at risk demonstrated at the prison gates, demanding accountability and action on behalf of their love ones at risk from COVID-19. KDFM, Channel 6 ran a long segment about Beaumont, and a broom with a sign attached neatly summarized the message:  "Sweep Out Negligence,." and another sign said,  "Prisoners Lives Matter."

            According to WDTV in West Virginia,  one staff member at Hazelton and one at McDowell tested positive "in the last month,"  The same station reported in July that,       "One inmate at FCI Hazelton tested positive for the virus, while a staff member at USP Hazelton also contracted COVID-19, according to...the (DOJ)." WV cases are widespread and spiked in July, and women's' prisons at  Bryan, Tallahassee and Greenwood have also been affected. Unfortunately, in Forrest City, prisoners who had the virus, and then recovered, apparently have become re-infected, which CDC feared, and DOJ resistance to mass-testing means that asymptomatic prisoners can be spreaders.                                      The persistent pattern of negligent  medical under-staffing, ignoring sick call requests, and lack of cleaning supplies, as noted by a federal judge in NY, (and at FCI Gilmer,)  means that this scourge will probably continue in federal prisons for many months, and continue to fuel rises in cases in surrounding towns. In Texas, communities are blaming prisons for introducing the virus into their heretofore minimally-affected populations. The DOJ Inspector General issued a scathing report on the crisis at Lompoc, and their observations unfortunately could apply to most federal facilities.                        The Biden-Sanders Unity Task Force platform has recommended more changes to mandatory minimums, and a revision of federal prosecutorial guidelines to avoid coerced plea deals or overcharging. However, his choice of VP will indicate if the campaign is truly serious about supporting more Congressional action on reform issues.

            In the circuits, in US v Lozado, 19-1222, (10th Cir. 7-28-20), the court reversed and remanded for resentencing the denial of a 2255 that alleged that three 924e qualifying priors were negated by Johnson. In US v Rendon, 19-2515, (8th Cir. 7-27-20), the court vacated and remanded an Amendment 782 action where the PSI drug quantity estimate was too high. In US v. Hudson, (7th Cir. 7-22-20) the court ruled that FSA permitted a court to reduce a "non-covered" sentence when it includes both "covered and uncovered offenses," and may do so even if FSA "did not alter the Guidelines range for a defendant's covered offense.

            We are available to review your sentence for possible 2255 petitions where inadequate representation of counsel has occurred, and have been successful in our Compassionate Release filings, and would like to add you to our growing "out" list.

Let not your heart be troubled.

Federal Legal Center, Inc., Derek A. Gilna, JD, Director,

113 McHenry Rd., #173, Buffalo Grove, ILL (And Indiana also,)

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