Carswell, Tallahassee, Phoenix, Alderson All in DELTA Crosshairs: BOP Continues to Conceal the Extent of the Suffering

 

Congressional Action on Reform Unlikely Until Early 2022; DELTA Numbers Continue Climb; Check Your Medical Records for Critical Omissions; Appellate Updates

 

by Derek Gilna

 

            DOJ continues to struggle   for a meaningful response to rising Delta infections, relying upon the Biden's administration's escalating crises to shield it from scrutiny.   However, after this week that will be harder to do, since this is one of the few weeks when both the House and Senate are both in session. (Only 3 full weeks of Congressional sessions after this one before the end of the year.) Congress' and media attention is too focused on the big-money $1 billion Infrastructure bill and the $3.5 billion "reform" bill to bring the sentence reform bills for a vote.

            Meanwhile, the avoidable human suffering in many institutions continues, as DOJ continues its scheme of undercounting prisoner virus positives, while in all probability accurately reporting staff infections.   Who would believe a count in one institution of 7 staff and 1 prisoner, which defies scientific logic? This is exactly the type of contradiction that we use in the arguments that we make on individual's behalf in CR pleadings, relying upon specifics from your institution.

            From Texas, " Incarcerated populations have experienced disproportionately higher rates of COVID-19–related illness and death compared with the general U.S. population, due in part to congregate living environments that can facilitate rapid transmission of SARS-CoV-2, the virus that causes COVID-19, and the high prevalence of underlying medical conditions associated with severe COVID-19 (1,2). The SARS-CoV-2 B.1.617.2 (Delta) variant has caused outbreaks among vaccinated and unvaccinated persons in congregate settings and large public gatherings (3,4). During July 2021, a COVID-19 outbreak involving the Delta variant was identified in a federal prison in Texas, infecting 172 of 233 (74%) incarcerated persons in two housing units."

"Outbreak of SARS-CoV-2 B.1.617.2 (Delta) Variant Infections Among Incarcerated Persons in a Federal Prison — Texas, July–August 2021," www.cdc.gov.

            From the same report: " Attack rates were higher among unvaccinated persons (39 of 42; 93%) than among fully vaccinated persons (129 of 185; 70%) (p = 0. 002) and among persons vaccinated ≥4 months before the outbreak (83 of 93; 89%) than among those vaccinated 2 weeks to 2 months before the outbreak (19 of 31; 61%)."

            At Carswell, "13 positives that we know of.... they will be coming in to test today if they have the tests....sure that there are way more positive them we know of and the other parts of the prison...and other parts we wee told  are starting to pop positive as well.... Carswell is in trouble again... , six women are positive for Covid in a unit of 94 women...this unit houses women with medical conditions, the more vulnerable and older." These are the most-immuno compromised women in the federal prison system. .

            At FCI Phoenix, "My unit...just now got out of 46 day quarantine  while in a 18 month Covid semi-lockdown. ..30 guys in my unit tested positive, and were sent to quarantine, 10 had Covid before and had Moderna vaccines, two or them had to be hospitalized. They were healthy athletes about 35-40.  The rest of us without Covid, but vaccinated, were quarantines...The prison website says only 45 prisoner and 15 staff have Covid. I doubt it." This number of positives of previously-vaccinated casts serious doubt whether prison medical staff there (or anywhere) properly handled these vaccines prior to usage, reducing their potency.

            At FCI Tallahassee, " three more women from the work unit I was previously housed on was tested positive today  and placed in isolation. They have now put the entire unit on lockdown. This virus is spreading because of the officers who are bringing in the virus to us..."

            Alderson continues to have a high number of positives, with prisoners transported to the hospital and placed in intensive care: "we had two units yesterday go on quarantine, do not know the numbers, They are not (doing)  mass testing...I know several inmates...living in my housing unit... they are sick, throwing up, diarrhea, fever and they are told it's head colds and allergies.  I have suffered with allergies all my life I don't recall throwing up or having diarrhea."

            We continue to see numerous cases where prisoners are "slow-walked" or outright refused copies of their medical records in Compassionate Release cases, in all probability because they have either been altered, or coded incorrectly, to mislead the court that must decide whether or not to release the prisoner based upon a life-threatening disease. It is absolutely essential that you obtain your medical records and document your serious symptoms for use in court filings, either by a cop out to the medical department, or an email to outside contact, who can file them with the court.

In the circuits, in US v Scott, 20-1514, (3d. Cir. September 22, 2021), Scott was sentenced for possessing a firearm as a convicted felon. His PSR included a career offender enhancement under U.S.S.G. 2K2.1(a)(2), which applies if a defendant “committed any part of the instant offense subsequent to sustaining at least two felony convictions of either a crime of violence or a controlled substance offense.” Scott had a 2019 conviction for possession of a firearm by a felon, 18 U.S.C. 922(g)(1), and a 2019 conviction for Hobbs Act robbery, 18 U.S.C. 1951(b)(1) and for using and carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c), resulting in an advisory guideline range of 84–105 months’ imprisonment. Neither Scott nor the government challenged the enhancement or any of the PSR’s calculations The court sentenced Scott to 90 months’ imprisonment consecutive to an existing sentence.            The Third Circuit vacated the sentence. Hobbs Act robbery is not a “crime of violence” under the career offender provision, U.S.S.G. 4B1.2(a). The court applied the “oft-bedeviling categorical approach” and compared the statutory offense with the definition of “crime of violence” found in the Guidelines to conclude that Hobbs Act robbery sweeps more broadly than the career offender guideline. The court noted the consensus of the Courts of Appeals.           "A Prison is like a town that has been hit by a massive storm, only the damage is permanent." Anonymous.            Be not afraid and let not your heart be troubled.   Derek Gilna, Director, JD, MARJ, Federal Legal Center, 113 McHenry Rd. #173, Buffalo Grove, IL   60089 (and Indiana) dgilna1948@yahoo.com (English newsletter and ALL inquiries, English or Spanish) federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries. Blog:  "Derek Gilna's Federal Criminal Justice Musings and Reflections."

Alderson Prison COVID Count Spikes, Mirroring Trends in West Virginia; Reason for Optimism on Federal Clemencies

 

Delta Surges in West Virginia, Alderson Cases Spike; Positive Clemency Development; DOJ Pledges to Start Issuing Sentence Credits in January; Hobbs Act Robbery Case on Supreme Court's Docket; Appellate Updates

 

By Derek Gilna

 

            According to the Wall Street Journal, "West Virginia  (WV) has one of the fastest rates of new Covid-19 cases in the nation, a surge some state health officials say is at least in part due to the state’s low vaccination rate. At 46%, West Virginia has the lowest percentage of its eligible population fully vaccinated of any state, according to data from the Centers for Disease Control and Prevention." www.wsj.com, 9-20-21. This surge has been reflected in increased cases at Alderson and other facilities in WV.

            According to multiple reports, there are at least 20 prisoner cases and at least 7  staff cases, although lack of testing makes an accurate count difficult. According to one:

" Alderson was mentioned on the Local WV News, Ch 59 CBS, and said that they verified with FBOP that there are 6 staff ...they keep taking inmates and isolating them in the former Visitation Room." Also there: "Right after the news report aired, one of the 6 inmates was taken to the emergency room ...and still there."

            Coleman Low has also been hit hard: " 87 inmates tested positive for Covid-19 in Unit B2 at FCC Coleman Low.  We were sent that evening to FCC Coleman US penitentiary, Unit G1 for quarantine... 83 people from B-3 tested positive and were transferred to B-1 (which has been the 'quarantine unit' for 11 months)." Tallhassee has at least 15 positives, Bryan camp over 10, some in the hospital.

            From Aliceville: more positive cases. From Bryan: "Inmates will not be tested for Covid in units, says Medical Staff and Admin staff." Last week a 30 year old male from Tallahassee FDC died of Covid after complaining of not being able to breath and not receiving medical care  There are reports of cases from virtually every institution, with many positives ending up in the SHU, generally reserved for disciplinary segregation, not medical treatment.

            According to official DOJ figures, over half of federal prisoners have been offered (if not taken,) the COVID vaccine, but still only 50% of guards are vaccinated, meaning the problem of reinfections will persist.   The other issue is what will DOJ do when the vaccinations  lose potency, after 8 months? Interesting that CDC and the Biden administration have been pushing for booster shots, and now the FDA says that they are not necessary.   (Reminds me of when Dr Fauci told Americans not to wear a mask because it didn't protect you from the virus.)

            Sharon Alroy-Preis of Israel's Ministry of Health said the booster dose improves protection tenfold against infection in people 60 and older. "It's like a fresh vaccine," bringing protection back to original levels and helping Israel "dampen severe cases in the fourth wave," she said. And representatives for Pfizer argued that it is important to shore up immunity before protection against severe disease starts to erode. A company study of 44,000 people showed effectiveness against symptomatic COVID-19 was 96% two months after the second dose, but had dropped to 84% by around six months. www.buffalonews.com, as reported by Associate Press.

            After a successful prisoner advocates conference in Ohio directed media attention to the lack of action on new federal clemencies, there is at last positive news. Multiple sources agree that at least 4000 prisoners on home confinement with less than 4 years remaining on their sentences will be considered for clemencies. At least two of my releasees who still have pending compassionate release petitions pending have appointments scheduled to make the application.   Nonetheless, this might be the time to consider filing such an application, as clemency moves front and center in the media.  

After many delays, false starts, and open disregard for the language of the First Step Act (FSA) and the express will of Congress, DOJ has finally gone on record as stating that it will begin awarding FSA sentence credits beginning January 15, 2022. DOJ is required by law to provide evidenced-based recidivism reduction programs and productive activities to all prisoners “before” two years later, i.e., Jan. 15, 2022. The BOP has emphasized that Jan. 15, 2022 deadline throughout the entirety of its two-year “[p]hase-in” period.                                                                                                                    This follows a series of court cases across the county, which have resulted in some prisoners getting additional time off. However, the true question remains is whether DOJ will provide those programs to enable the sentence credits in the first place.   This is one of the many areas that are under discussion in Congress as we await action on pending legislation. There have, however, been no dates set for Congress to vote on any of these new proposed reform laws.             In  US v. Perez-Rodriguez,   19-1538, (1st. Cir. September 2, 2021), the First Circuit vacated Defendant's conviction of attempted enticement of a minor for unlawful sexual activity, holding that the district court committed plain error in failing to give a jury instruction on the entrapment defense. Defendant was apprehended through a sting operation in which a government agent created a profile on a dating application and, after being contact by Defendant, offered to arrange a sexual encounter with the agent's "minor boyfriend." On appeal, Defendant argued, among other things, that the district court erred in rejecting his request for an entrapment instruction. The First Circuit agreed and remanded the case for a new trial, holding that the trial court committed clear or obvious error in refusing Defendant's entrapment defense, and the error affected Defendant's substantial rights and undermined the fundamental fairness of his trial.            The Supreme Court in its next term in October  will consider the case of United States v. Taylor, docket 20-1459, from the Fourth Circuit, which will consider the issue of whether  18 U.S.C. § 924(c)(3)(A)’s definition of “crime of violence” excludes attempted Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a).        “Courage is contagious, Defiance can lead to a recovery of will. It is inspiring to see someone who chooses to risk his well-being for a higher good. " What did you do today to improve yourself or the world around you?  Be not afraid, and let not your heart be troubled.   Derek Gilna, Director, JD, MARJ, Federal Legal Center, 113 McHenry Rd. #173, Buffalo Grove, IL   60089 (and Indiana) dgilna1948@yahoo.com (English newsletter and ALL inquiries, English or Spanish) federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries. Blog:  "Derek Gilna's Federal Criminal Justice Musings and Reflections."

BOP COVID Blatant Inmate Virus Undercount Show That They Think That No One is Watching

 

First Step Act: New Possibilities for Sentence Relief; DOJ Botches DELTA Response, as Staff Also Suffers; Appellate Updates

 

by Derek Gilna

 

            While we impatiently wait for Congressional action of the plethora of pending sentence relief bills, both the First Step Act (FSA) and the Borden case have been successfully used to cut sentences. While courts battle over what the FSA wording "extraordinary and compelling" means in the context of reducing sentences, the Sixth Circuit, in US v Owens, 996 F.3d 755, (6th Cir. 2021)  has granted relief. Owens had filed for relief from a 105 year 924(c) sentence using 403(a) of FSA and 18 USC 3582(c) based upon sentence disparity and rehabilitation. This followed similar results in the 10th Circuit case of US v McGee, 992 F.3d 1035 (10th Cir. 2021.) Reversed and remanded for resentencing.

One of our favorite PLN commentators also redirected our attention to the possibilities of relief under Borden v. US, 141 S.Ct 1817 (2021). Movants will have the burden to show that they were sentenced under the elements clause of ACCA. One will have to ask what the elements of the prior conviction are, and whether it allows a conviction based upon mere recklessness or negligent conduct, but Borden does NOT apply if it says that the offender knowingly or purposely committed the offense. A timely 2255, a 2241 under the savings clause or perhaps even an FSA motion might be able to get you back into court. Although this is a complicated process, it might also be used in attacking 924(c) sentences.         See also the new case citing Borden,  US v Cardenas, 18-40338, (5th Cir. September 7, 2021). On remand from the Supreme Court, the Fifth Circuit affirmed the district court's judgment as reformed to reflect that defendant was convicted and sentenced under 8 U.S.C. 1326(b)(1). Defendant pleaded guilty of illegally reentering the United States after having been convicted of an aggravated felony, in violation of 8 U.S.C. 1326(b)(2), and was sentenced to 36 months in prison. While his certiorari petition was pending, the Supreme Court decided Borden v. United States, 141 S. Ct. 1817, 1821-22 (2021), which held that a crime capable of commission with a "less culpable mental state than purpose or knowledge," such as "recklessness," cannot qualify as a "violent felony" under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The Court then granted defendant's petition, vacated the Fifth Circuit's judgment, and remanded. On remand, the parties agree that, in light of Borden, defendant should not have been sentenced under section 1326(b)(2) because Texas family violence assault can be committed recklessly. Both parties agree that defendant's conviction falls within 8 U.S.C. 1326(b)(1), which covers illegal reentry after conviction on three or more qualifying misdemeanors or a non-aggravated felony. The Fifth Circuit agreed and concluded that reformation without remand is appropriate in this case.           Recent DOJ Covid Dashboard entries show a clear pattern emerging of relatively accurate counts of staff infections and illness and an almost comical undercount of prisoner infection totals. Prison staff have filed federal lawsuits in California seeking hazard pay, and there is still pending an OSHA complaint over working conditions.   Correctional officers' unions have the financial muscle to litigate, and my suspicion is that DOJ is more careful about posting accurate numbers about guard infections as a result. My question is, how is it medically  possible that a prison has 5 guard infections, and only one prisoner infection? DOJ arithmetic.             Another problem is that prisoners see the conditions of their isolation if they complain of symptoms as punishment, since most are cut off from commissary, phones, education, food service, and often put in the SHU. From Alderson: "several inmates were exposed to the positive inmate in one of the units that is the working unit and last night an inmate in my unit had a high fever, throwing up,  and couldn't get out the bed. They took her out last night, lets see if we will all be tested...other inmates are having symptoms but are being quiet about it because they do not want to be isolated... (actually) there are 6 officers/staff and at least 5 inmates with COVID, currently. I say at least because a flight of transfers came in about a week ago and the first inmate with COVID was in general population for 2 days before being isolated."             From Carswell, complaints about undiagnosed and untreated fevers and nausea, and continuing indifference to the suffering: "Like 6 deaths and well over 700 confirmed case wasn't enough amongst all the other ill and corrupt crap. Who has common sense anymore?" Other prisons located in the South continue to report continuing high totals: Beaumont 40 staff, but no prisoners(?) reported on website. Pollock also reports 40 staff that are ill, but amazingly, only 8 prisoners(?)  Aliceville: five cases reported, but many more ill and symptomatic. Coleman Low has been a hotbed of COVID: 81 prisoners 7 staff. "One of the inbound quarantine units had 55 individuals test positive for the virus, which led to a cascade effect people in an adjacent dorm became infected."             Also from Coleman: "unit B-1 56 positive COVID cases  on August 10th (these inmates were sent to USPII for isolation, which manipulated the number of positive cases reported for the low); unit B-2 86 positive COVID cases the week following the b-2 cases; unit B-3 23 positive COVID cases the same week. The total number of positive COVID cases, here at the low, within the last 30 days is 165 inmates..."             FCI- Phoenix-Unknown amount o COVID cases. Only one unit is open under modified operations. No education programming. From Marianna: "  One unit is now off of quarantine with the other still locked down with more positives coming out every week.  Two of the ones that tested positive are in the hospital with one of those on a ventilator."             The virus is making its way north also. From Milan: "I can tell you...a third of the inmates are sick, myself included, and the vaccinated included, we are being ignored, just looking at people and you can see the sickness. Sneezing, coughing, sinus issues, cold sweats, EVERYONE is sick."             From FMC Rochester: We are currently on Code Red status due to the community. We have been locked down since April of 2020... more people sick here than what has been reported, but they only test when someone shows signs and they go to the shu...no one is saying anything. Everyone just wants to go back to normal...Things are not as what them may seem, it is worse." From FPC Duluth: Gym is being converted to a COVID ward for the anticipated surge infections.             If the spread of DELTA in federal prison follows the pattern that the initial COVID surge did, more northern prisons will be seeing a quick increase in cases. “What was in the South is now going to spread due north and then west,” said Peter Hotez, dean of the National School of Tropical Medicine at Baylor College of Medicine. States where Delta variant infections started later in summer have yet to come off their peaks.             "The Delta surge appears to have peaked in Florida and other states that drove the most recent Covid-19 surge, offering some relief after the variant upended what many thought would be a more normal summer. But cases and hospitalizations have been rising in many other states including Kentucky and North Carolina, data show, and public-health experts said the return of unvaccinated schoolchildren to classrooms, cold weather in Northern states and the holiday season could yet give the virus new opportunities to spread.             “I don’t know if we’ve peaked for all time, but the wave that was currently ongoing seems to have crested and is falling in some states but is rising in others,” said Andrew Noymer, an infectious disease epidemiologist and demographer at the University of California, Irvine. The highly contagious Delta variant fueled a rapid increase in cases, often in places where vaccination rates have lagged behind the national average. By Saturday, before the long holiday weekend slowed data reporting, the U.S. was adding about 164,000 new Covid-19 cases a day, according to a seven-day average compiled from Johns Hopkins University data. The average had dipped below 12,000 in June, the data show. Source: U.S. Department of Health & Human Services.                  Be not afraid, and let not your heart be troubled.   Derek Gilna, Director, JD, MARJ, Federal Legal Center, 113 McHenry Rd. #173, Buffalo Grove, IL   60089 (and Indiana) dgilna1948@yahoo.com (English newsletter and ALL inquiries, English or Spanish) federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries. Blog:  "Derek Gilna's Federal Criminal Justice Musings and Reflections."

Delta Problems Continue at BOP, As Does Refusal to Test or Give Proper Medical Treatment to Helpless Prisoners

 

Criminal Justice Reform Still a Priority for Senators Durbin and Grassley, as Public Patience With Government Incompetence Wears Thin; DELTA Spread Continues; Clemency Updates

 

by Derek Gilna

 

            Senators Richard Durbin (D), of Illinois, and Charles Grassley (R), of Iowa, are an unlikely pair, but when it comes to justice reform, they speak with one voice. The two formed an unlikely bond as advocates for prison reform during the enactment of the landmark First Step Act, when Grassley was Chairman of the powerful Senate Judiciary Committee, and Durbin was the Ranking member. Now their roles have reversed, but their close working relationship may yet break the logjam of pending reform bills to be enacted, given Executive branch inaction and apparent disorganization.

            Unlike the previous President, the senescent Biden has yet to make a meaningful push to enact any of the important bills that have cleared the Judiciary Committee. He has been criticized for the lack of White House leadership on DELTA and Afghanistan's human tragedy. Since the President heads of the Executive branch, which includes both the Department of Justice and its subordinate branch of the federal prison system, this lack of leadership has helped perpetuate the latter organization's continuing dumpster fire of institutionalized incompetence.

            Durbin and Grassley are well aware of the widespread malfeasance that has aggravated the DELTA crisis and the absent or incompetent medical care that has needlessly prolonged the suffering. Although DOJ prison oversight is just one of the things on their expanding plates of responsibility, criminal justice advocates make sure that it is never far from their minds. You can help draw attention to these problems by writing  your elected Congressmen and Senators to demand action on these bills.  

            At a hearing in April, Grassley joined Democrats in voicing support for allowing inmates in home confinement to stay there. Taylor Foy, a spokesperson for Grassley, said his office had drafted legislation that month that would let “inmates moved to home confinement during the pandemic complete their sentences there rather than returning to prison after the pandemic ends.” Durbin had been among those who urged the Biden administration to instead reinterpret existing law as permitting perpetual home confinement for those inmates who were placed there during the emergency period.

            In the meantime, DELTA continues its march through the country, and its jails and prisons, with infection and hospitalization rates steadily climbing to levels last seen shortly before vaccinations started in March and April of 2021.   www.cdc.gov. Nonetheless, DOJ has also continued its practice of underreporting cases, rendering its website's numbers meaningless.  The standard institutional practice of not testing ill prisoners continues across the entire system.  Given the high rates of infections, in Southern states, it is not surprising that Bryan, Aliceville, Mariana, Coleman, Oakdale, Beaumont, Carswell, and Ashland continue to be hard hit.

            From one Texas camp: ". We are being refused  (the) Covid test. We have  several inmates and staff that have recently tested positive for Covid and yes, they had also had the Covid shot. I personally have asked for a Covid test 3 times and was told that the facility is not testing unless it was a mandatory or for emergency purposes. I got retaliated against right after I asked for a test."

            From Aliceville: "We have a major outbreak here at Aliceville FCI. The Covid 19 has arrived earlier this year and because of the poor medical care has spread like wildfire. I am unable to call, use e-mail or do video visits for about 10 - 14 days... please pray for us." Mariana: "outbreak with at least 20-30, including a pregnant woman, came from Food service and other staff not masking. There was no plan..."

            From Carswell: " As for Covid don't know the true numbers of cases here. I do know people in my unit have been sick and throwing up, but they are afraid to be seen by medical. Some are still traumatized by the ill treatment that we went through with the last two waves, and of course they are not mass testing. So we may have high numbers but inmates are afraid to speak up."

            The spread is not limited just to the South, however. From Lompoc and Terminal island there are report of numerous infections, but no testing. In Schuylkill FCI and the camp there are numerous positives and lockdowns: "All programs, rec, and commissary is suspended for at least 2 weeks. Staff still move between buildings 1 and 2 five to six times a day for counts." Waseca and FPC Duluth continue to have positive cases, and there are numerous infections at FMC Rochester and Sandstone. At FCI Ashland, "just wanted to inform you we have been scaled back to limited movements. Today 4 units have been closed due to Covid outbreak." Further compounding the misery is the decay of poorly-maintained facilities, with untreated mold, leaking roofs, un-repaired plumbing, and broken air conditioning.

            The Biden administration is  under heavy pressure to deliver on its campaign promise of increased clemencies and pardons. (There have been none to date.) With a major academic conference on the subject set for later this month, that pressure will only increase. Some officials, on conditions of anonymity, shared the following: contemplated releases are focused on nonviolent drug offenders with less than four years remaining in their sentences, the officials said. There is broad support for letting nonviolent inmates who have obeyed the rules stay at home – reducing incarceration and its cost to taxpayers.

            The Sixth Circuit,  in United States v. Cartwright, No. 19-5852 (6th Cir. 2021), granted relief to the defendant who was  serving a 24-year sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). When Cartwright was sentenced in 2005, seven of his past convictions qualified as violent felonies. In 2015, the Supreme Court’s “Johnson” decision invalidated ACCA’s residual clause. Johnson removed at least four of Cartwright’s offenses from the category of violent felonies. Cartwright brought a habeas petition challenging his ACCA status by arguing that his remaining convictions for burglary and aggravated assault do not support his ACCA sentence. The district court held that, even after Johnson, Cartwright still had at least three ACCA predicates because his Tennessee first- and second-degree burglaries qualified as violent felonies.
            The Sixth Circuit reversed. The government acknowledged that Cartwright’s claim is based on Johnson, a “new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” All three degrees of Tennessee burglary include entering lawfully and then opening a “receptacle” inside, with no unlawful entry or remaining required, which extends the offense beyond generic burglary, which requires unlawful entry into or remaining in. A “receptacle” in the Tennessee burglary statute need not be attached to the house.

Be not afraid and let not your heart be troubled.

 

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

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

dagilna1948@yahoo.com (English newsletter and ALL inquiries, English or Spanish)

federallc_esp@yahoo.com, Spanish newsletter, but NO inquiries.