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.
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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."
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