It's Official: Federal Bureau of Prisons Surrenders to COVID-19, Resorting to Disinformation, Censorship of Inmate Cries for Help;

 

Prisoners Eligible to Receive Second Stimulus Checks, and File to Get First Payments

Not Yet Received

 

by Derek Gilna

 

            First, the good news.   Prisoners ARE eligible to receive the second stimulus payment of $600. If you or your family already received the FIRST payment (and many successfully were received through the lockbox), you should get the second one without the necessity of doing anything else. If you DID NOT receive the first payment, for WHATEVER reason, you or your family should file, either electronically or via paper tax return, for a refund on your 2020 return (old deadlines do not apply) to reflect the both the FIRST payment and the SECOND payment. The second payment cannot be reduced for any reason, including unpaid child support.

            Now the bad news. It is self-evident that DOJ has effectively given up on effectively treating COVID-19, contenting itself to censoring emails and outgoing mail. Despite clear medical evidence that shuttling prisoners around the system and mixing positive and negative cases would spread infection of the highly-contagious virus, it did exactly that, overwhelming its own abysmal health care system, and forcing CDC and state national guard "bailouts" of its self-aggravated crisis. It continues to repeat these same mistakes system-wide.  It is time to treat this sad catastrophe like a crime scene, documenting each and every failure at your institution: names, details, and dates, and preserving evidence.

            There is  reports of the Pfizer vaccine being distributed in some of the medical centers, often to already compromised individuals, with mixed results. Remember, all medications have side-effects, but isn't it interesting that this has received zero media attention. Will this limited inoculations affect your pending or future Compassionate Release filings?   Not in the slightest (Read on).

            Mainstream medical researchers have identified what many of you already know, that even those who have technically "recovered" from the virus still don't feel right, and good luck getting those issues addressed in the prison system. This phenomenon, known as "Long Covid," is addressed in multiple journals.   Here is just one: Carfì A. Persistent symptoms in patients after acute COVID-19. JAMA. 2020;324(6):603–605. Having this condition increases your chances that your next contraction of the virus will find you in a weakened state, with higher chances of morbidity.  If you already are vulnerable, you have a much stronger argument for a Compassionate Release.

            Unfortunately, the federal medical centers appear to be the most recent epicenters of infections: Carswell, over 153 cases, many in the oncology and hospice units; Devans, 176, 4 deaths; Rochester, 315; FMC Springfield, Mo., 100+, 15 deaths; Pekin, 400+;  Ashland, 6 deaths; Gilmer, 125+;  Coleman, 100+; and many more.

            In the circuits: "(T)he district court's failure to advise (defendant) of Rehaif's knowledge requirement was clear error," finding prejudice, and vacating a guilty plea.

US v Guzman-Merced, 18-2145, (1st Cir. 12-22-20). Yet another favorable FSA resentencing case: "Assessments of motions under...404 must take into account o...Congress's intent to rectify disproportionate and racially disparate sentencing penalties.  Appellants have raised claims that are obviously with the remedial compass of FSA..." reversing and remanding a 1994 drug and conspiracy conviction. US v White, 19-3058, (D.C. Cir., 12-29-20). With all the deserved emphasis on CR matters, don't overlook possible motions to win resentencing based upon 404, as well as 2255s attacking inadequate representation of counsel.

            Be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Derek a Gilna, JD, MARJ, Director

113 McHenry Rd., #173, Buffalo Grove, IL   60089 (and Indiana)

dgilna1948@yahoo.com (alternate dagilna1948@yahoo.com), "Derek Gilna's C J Blog."