COVID Second Wave Rolls Over Federal Prison System; More CR Grants Made
by Derek Gilna
According
to a new study, prisoners are 5.5 times more likely to get Covid-19 and three
times more likely to die from it, according to a study from researchers at Johns
Hopkins and UCLA published today in the Journal of the American Medical
Association. “COVID-19 in US prisons is
unlikely to be contained without implementation of more effective infection
control.” In facilities with outbreaks where prisoners were tested en masse,
infection rate exceeded 65% in multiple cases.
Ft.
Dix has over 165 confirmed cases,
and at least one death. Waseca has over 85% infected, with poor treatment from
short staff. The Bryan, Texas
camp has many individuals infected. Big Spring
has over 100, FCI Bastrop, 90, FCI Pekin, over 100, FPC
Duluth, over 10, Mariana, 46, Coleman over 100, Springfield, MO,
over 100, Alderson, over 11 new, from transfers, MCC
Chicago, 142. Elkton, Forrest City,
Butner, Carswell, and Oakdale are starting to see re-infections of previously
"recovered" individuals. A study says that lockdowns are contributing
to declining health of at risk sick prisoners.
The U.S.
Supreme Court will hear argument on U.S.
v. Borden, 19-1512, out of the 6th Circuit, asking whether the "use of
force" clause in ACCA encompasses crimes with a mens rea of mere
recklessness. Statistics show that FSA reductions via 404 are having an effect:
3,363 offenders were granted a sentence reduction, 65.6% were
assigned to the highest Criminal History Category (VI), and 56.3% were CO's.
Offenders received an average decrease of 71
months (24.9%) I can assist with these.
Another
study shows that the poor representation you got may be as a result of your
attorney's alcohol problem. Nearly 70% of lawyers are likely to have an alcohol
problem at some time during their career and finding that while 9% of U.S.
adults meet the criteria for alcohol abuse or dependency, 15-18% of lawyers
were problem drinkers. Something to consider if you consider a 2255 habeas for inadequate representation.
In the
circuits, there were a host of positive CR decisions. A prisoner with chronic
kidney disease, and hypertension, gained relief. "The extraordinary and
compelling circumstances presented by the pandemic have empowered the Court to
revisit the sentence it imposed....the Court will exercise its discretionary
authority to reduce Johnson’s sentence to 300 months...The fact a defendant, if
sentenced today, would receive a drastically lower sentence for the same
conduct has been found by several courts to constitute “extraordinary and
compelling” circumstances justifying sentence reduction under
§ 3582(c)(1)(A)." United States v. Johnson, 2020 WL 6063733, at *5
(D. Md. Oct. 14, 2020).
A Ft.
Dix prisoner was granted CR, based
upon an ECG marked “abnormal,” asthma,
sleep apnea, pre-diabetes, obesity, chronic kidney disease and hypertension. “In fact, the Court is somewhat skeptical of
the Government’s confidence in BOP
containment efforts. The BOP did not institute
a policy requiring staff to wear face masks until August 27, 2020, and even that guidance contemplates
religious exemptions, medical exemptions, and outright refusals to comply with
the mask mandate.” United States v. Brown, 2020 WL 5801494, at *1 (E.D. Pa.
Sept. 29, 2020)
Let not
your heart be troubled, and be not afraid.
Derek A. Gilna, MRJ, JD, Director, Federal Legal Center,
Inc.,
113 McHenry Rd., #173,
Buffalo Grove, ILL 60089
(Also Indiana)
dgilna1948@yahoo.com,
Blogging at "Derek Gilna's Criminal Justice Blog"
