Monday, December 28, 2020

New Cases Grant Sentence Relief Based upon Not Just COVID-19, but Based upon First Step Act Changes: ACLU Sues BOP

 

First Step Act Relief Transitions from COVID-19 Based to Broader Sentencing Review;

Stimulus Check update; Will ACLU Waseca Class Action Spur DOJ  Accountability?

 

by Derek Gilna

 

            Holiday season is when everything moves slowly. Both the mail and the court systems appear to have come to a dead stop, as vacation days get used to maximize time off of already understaffed clerk's offices.  However, several developments merit attention as we move into 2021 and a change of Presidents.

             Despite DOJ efforts to paper-over the dire situations in the federal prison system by implying that the new vaccines will soon be available, it is simply not true. DOJ has issued no general public statement regarding vaccines, simply  because it will not be given to it anytime soon, and will go the guards first. Prisoners face not only the problem of contracting the disease, but the lack of treatment thereafter. There is simply not the trained staff or resources to do so. However, even the development of a vaccine will not slow FSA releases, as the following cases illustrate.

            Judges are granting relief for a variety of reasons not all related to COVID. Although the highest percentage of FSA releases are based upon the potential mortality for the person contracting COVID, many of the newer decisions are not. People who have minimal or no risk factors, but whom have family that are ill or elderly, or have excessive sentences, have also won relief.    This is an exciting development, as it provides a new form of sentence reduction that does not depend only upon the whims of Congress, the Sentencing Commission, and the President.

             See just two of many examples: United States v. Lyle, 2020 WL 7247780, at *1 (S.D. Tex. Dec. 9, 2020),1,141 months for bank robbery, reduced based on discrepancy of comparative sentences, to 493 months United States v. Allsbrook, 2020 WL 7202577, at *1 (S.D. Ohio Dec. 7, 2020); United States v. Brown, 2020 WL 6482397, at *1 (D.S.C. Nov. 4, 2020) 262 months under 851 and mandatory guidelines for less than 5 grams of crack, sentenced in 2003, initially said not eligible for crack under First Step Act, but 4th Circuit reversed, resentencing to time served.

            Also: United States v. Scott, 2020 WL 2467425, at *3 (D. Md. May 13, 2020)

“Multiple district courts have reasoned that “the First Step Act’s change in how sentences should be calculated when multiple § 924(c) charges are included in the same indictment constitutes an extraordinary and compelling reason under 18 U.S.C. 3582(c)(1)(A). 

See United States v. Owens, No. 97-CR-2546-CAB, ECF 93 at 4 (S.D. Cal. Mar. 20, 2020) (collecting cases). The court agrees with the reasoning of these courts.”

            Additionally, the Fourth Circuit Court of Appeals became the fourth appellate circuit to hold that district courts reviewing an inmate’s motion for sentence reduction under 3582(c)(1)(A) have the independent discretion to determine if there are “extraordinary and compelling reasons” warranting the requested reduction. The Fourth Circuit joins the Second, Sixth, and Seventh Circuits in recognizing district courts’ broad discretion when reviewing requests for sentence reductions and compassionate release.

            Recent counts: Carswell, over 300; FCI Schuylkill, 200; Yazoo, over 150;  FCI Gilmer, 142; Devans, 100+;  Terre Haute, over 100; Pekin. over 100, and many others.

            Although the stimulus finally passed, there is no bill text to refer to for a definitive answer, but it does NOT appear that prisoners and their  spouses are excluded from receiving payments of at least $600 per person.   There is confusion as to how the IRS is sending out the FIRST checks, although prisoners have received funds through the lockbox. The 2020 tax forms, not due out until early 20201, will have a section where you can apply for the first stimulus if you have not already applied, and it does not appear that the November deadline will prevent collecting that check.   This info to be updated..

            What the new Presidential administration? If one is go by campaign promises, there will be new progress on mandatory minimums, and perhaps even a change to the heavily-criticized PATTERN sentence credits. Biden has yet to name an attorney general, so we have no guidance as to priorities there, but whomever it has to contend with the DOJ bureaucracy, not known for its responsiveness to reform.

            One more reason for optimism is the newly-filed ACLU COVID class action against the Waseca women's prison, which has been one of the most egregious offenders of intermixing non-positive and positive prisoners.   It is set for status January 6, 2020, and I plan to be present for that hearing, and will report back.

            In the meantime, do something to make your day and someone else's a little better. Let not your heart be troubled.    Happy New Year.

 

Federal Legal Center,  Derek A Gilna, MERJ, JD, Director,

113 McHenry Rd. #173, Buffalo Grove, IL   60089,

dgilna1948@yahoo.com; "Derek Gilna's Criminal Justice Blog."

 

 

 

Monday, December 21, 2020

Stimulus Check Agreement Reached in Congress: Too Early to say if Prisoners, Families, Will Benefit

 

No, Ir's Not Your Imagination: Nationwide Prisoner COVID Numbers Reach New High;

Some Good News: New Stimulus Passed; First Step Act Reach Expanded in Sixth Circuit

 

by Derek Gilna

 

            As the nation prepares for a most unusual holiday season, there is some good news to report.   Congress agreed on a new Stimulus bill which will include direct $600 payments to individuals.  I will report on the exact language when  available, and whether prisoners will also benefit,  and how you can still get the first stimulus payment.

            New COVID cases in the nation's prisons this week reached their highest level since testing began in the spring, far outstripping previous peaks in April and August. No federal facility has been spared, as hot spots have flared, abated, and flared again, with DOJ continuing to undercount cases. The pandemic has laid bare the utter inability of the federal prison system to fulfill its most basic responsibility of protecting those over whom it wields the power of life or death, and that often coldly denies  basic medical care. Whatever its virus management "plan," was, staff was never trained to execute it.

            How does one deal with this onslaught of indignities and suffering? We know that suffering produces perseverance, perseverance, character, and character, hope, and rewards persistence. Grace and forgiveness arm you mentally to move forward..

             Of the 10,000 federal compassionate release requests, wardens denied all but 156 (2%) of them. District courts, after an initial spurt of relief, have been so swamped with filings that most struggle to even docket them in a timely fashion. Nonetheless, there continues to be relief granted, and a slow trickle of DOJ CARES releases, and an unprecedented flood of mainstream media interest in prisoner conditions, which have focused on the immorality and inhumanity of current conditions.

            FMC Lexington, all units, is one of the new hotspots, with cases at the locked-down women's unit,  over 300 at the men's unit, and over 20 deaths; Lompoc, previously criticized in a DOJ IG report, has flared-up, with over 65 cases, and many hospitalizations; Devans, over 65; Ft. Dix, still in the 100's; Terre Haute, over 265, including Death Row; Rochester, 121; Schuylkill, 129 inmates. Yazoo City continues to get transfers from hot-spots, with over 35 positives, and at least one death. .  This only scratches the surface (apologies to those places not included), as even "recovered" individuals suffer with residual breathing issues and limited medical care.

            Biden still has not put forth an AG candidate, although Merrick Garland, Doug Jones, Deval Patrick, and Sally Yates have been mentioned. Since all of the other cabinet picks so far have generally been non-progressives, will he appoint an "intuitionalists," like Judge Garland, former prosecutors like Jones (and former senator, or former Acting AG Yates, or a Patrick (a former civil-rights lawyer, and former Governor of Massachusetts)? Whomever it is, it will be an indication of whether Biden will keep his promise to eliminate mandatory minimums and to cut the prison population.

            A Sixth Circuit panel  in US v. Henry, No. 19-2445 (6th Cir. Dec 18, 2020), ruled that FSA's reduced sentencing terms are applicable in resentencing: "the legislative history of the First Step Act demonstrates Congress’s intent to remedy overly punitive mandatory-minimum sentences faced by defendants, including defendants resentenced after the Act’s enactment."  Will Congress extend that relief retroactively? Are prisoner Pell grants on the immediate horizon.?  

            Fear not, and Let not your heart be troubled.

 

Federal Legal Center, Derek A Gilna, JD, MERJ, Director,

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

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

 

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Monday, December 14, 2020

Bureau of Prisons' "Herd Immunity" Approach to Federal Prison Covid Crisis Is Only Explanation for Rising Infection Counts

 Discredited "Herd Immunity" Theory Apparently Guides DOJ Prison COVID Policy; Prisoners Low on List for Vaccine; Sweeping Marijuana Reforms on Horizon

 

by Derek Gilna

 

            Poor central office planning, poor staff training, discredited theories, and ignorance are on display every day in the federal prison system, but it took COVID-19 to bring this to the public's attention, as rising prison cases spill over to surrounding communities. A deadly combination of the above factors, along with implementation of flawed "herd immunity" theories, championed by former presidential adviser Dr. Scott Atlas (and others), have spread illness, suffering and in some cases, death to thousands. Unfortunately, it is unlikely that federal prisoners will see any vaccines until Summer.

             It will likely take years of investigation and hundreds of lawsuits to uncover all of the facts, but it is clear that at least in federal prisons, there was a policy of mixing positive and non-positive individuals, with clear "deliberate indifference" to the long-term health effects even upon "recovered" patients, not to mention the effects on the elderly and chronically ill. Document what you have seen and experienced.

            Give AG Barr some credit: his memos strongly recommended aggressive use of the release tools DOJ already possessed. However, he had only limited influence on the career DOJ prison officials, who know he leaves office soon. Honest career officials bluntly state that there will be no more CARES releases. It is up to Congress, the Sentencing Comm.,  and the President to change the system with bold initiatives.

            Total DOJ virus numbers are up. FPC Duluth, has the highest percentage of infected, with over 200 out of a population of less than 300.   Other counts: FCI-Englewood, 540; .FMC, Lexington, over 300;  Beaumont Low, 303; Loretto, over 300;  Ft. Dix, 268; Philadelphia, 200+; Ashland, 200+;Yazoo City, 200+; Cumberland, 200; Butner, 150+; Schuylkill, 129;. Rochester, 111; Allenwood low, 20; Carswell, 20+.

            In more positive news, H.R. 3884, which passed the House, would federally decriminalize cannabis (marijuana), expunge the records of people convicted of federal cannabis offenses, and require resentencing of some federal prisoners. This bill, if and when it becomes law, would result in thousands of time-served releases of marijuana prisoners after required resentencings, as well as additional funding for programming.

Thanks to COVID, the concept of restorative justice is gaining wider acceptance.

            The 4th Circuit became the fourth circuit to embrace a robust view of sentence reduction authority under 3582(c)(1)(A after FSA. US v. McCoy, 20-6821(Dec. 2, 2020), following Zullo from the 2d Circuit. The 7th Circuit reversed and remanded denial of a CR: "Until...§1B1.13 is amended,...the Guidelines...lack an 'applicable' policy statement covering prisoner-initiated applications for compassionate release...judges must operate under the statutory criteria—extraordinary and compelling reasons." US v Gunn, 20-1959, 11-20-20. Also, potentially significant is Wright v. Beck, 19-55084, (9th Cir. 2020), in which dismissal of a 1983 action in a firearms seizure was reversed, and based upon a Monell failure-to-train, and on due process and 4th Amendment grounds.

            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

"Derek Gilna's Criminal Justice Blog" on Google Blogspot.

Monday, December 7, 2020

BOP and DOJ COVID-19 Ineptitude and Dysfunction Will Have to be Addressed by President Biden's Criminal Justice Team

 

DOJ COVID Confusion Won't End Under Biden; Vaccine Rumors Are Only That

 

by Derek Gilna

 

            Two headlines in the last week relating to prisoners caught my eye.   First, AG Barr is hinting that he will resign before the end of Trump's term,  stating that he "has done everything that he wanted to do as AG," and there's no reason to stick around. That would explain Barr's disinterest in enforcing his own  COVID memo encouraging prisoner releases.  

            The second headline concerns the availability of the COVID-19 vaccines for prisoners.   Contrary to rumor (misinformation), don't expect those to find their way into federal prisons anytime soon. When it comes, guards will get it first (Source: AP), prisoners, in late 2021.

            Biden's criminal justice advisors in Congress, including Corey Booker, are well aware of DOJ's ineptitude in its virus response, as shown by this week's House Oversight Committee grilling of the Director.  I wish Biden the best of luck in unraveling the dysfunctional prison bureaucracy and holding it and the US Marshals responsible for flying infected prisoners all over the country. It won't be easy. According to guard union complaints, staff is burning out due to augmentation, illness, and stress:   "We have nurses working in a housing unit.  How do you justify reassigning a nurse?"  If they're in the housing unit, they're not handling sick call or treating COVID patients.

            Biden can be expected to re-task the U.S. Sentencing Commission to review current guidelines, and issuing formal guidance to reduce unreasonable long sentences and promote rehabilitation. This, working with FSA, should also reduce prisoner counts.

            Current infection counts: Ft. Dix, 750+; FPC Duluth, 200+, our of 293' McKean, 75; Ashland, 261, 5 hospitalized, 1 death; Terre Haute, 470; Rochester, 110; Carswell, 80+; Lexington, 5 of 9 units locked, 330 +; McDowell 120, some in hospital, perhaps 4 on ventilators; Pekin, men 80+, women, 120; and Forrest City, 100, with reinfections;

            According to a new study, "Patients from ethnic minority groups are disproportionately affected by Coronavirus disease (COVID-19). We performed a systematic review and meta-analysis to explore the relationship between ethnicity and clinical outcomes in COVID-19." Outcomes, "were searched up to 31st August 2020,  for studies reporting COVID-19 data disaggregated by ethnicity. Outcomes were: risk of infection; intensive therapy unit (ITU) admission and death." https://www.thelancet.com/journals/eclinm/home.

            "COVID-19 is tied to deadly brain inflammation in some patients....The study found a concerning increase in patients with a rare and sometimes fatal neurological condition called ADEM. COVID-19 may cause dangerous neurological problems, including delirium, brain inflammation, nerve damage or stroke," it said. www.livescience.com.

            To date, only 4% of prosecutors in the U.S. who were involved in wrongful conviction cases tainted by prosecutorial misconduct have faced any kind of personal or professional discipline, according to the National Registry of Exonerations, of the Innocence Project..  And only a handful of these prosecutors faced serious disciplinary action, such as disbarment from the practice of law, as opposed to a brief suspension or “reprimand” by the state bar.

            In  US v Clark, 19-7046, (10th Cir. 11th Cir. 11-17-20), vacated an Indian country sentence for assault, finding that there was an insufficient explanation of the reasons for the imposed sentence. In U.S. v. Senter, 18-11627, (11th Cir. 11-13-20), the court granted a COA to review denial of a 2255, and agreed with defendant that "he no longer qualified as an (ACCA) in light of Johnson..., because his...1998 Alabama conviction for attempted first-degree robbery has no state law elements."

            Let not your heart be troubled.

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

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

dgilna1948@yahoo.com; "Derek Gilna's Criminal Justice Blog."

 

 

Monday, November 30, 2020

COVID Crisis in BOP Puts New Emphasis on Clemency Process; Biden Promises Reform

 

"Will He or Won't He?" Multiple Election Lawsuits Might Delay Pardons, Commutations

 

by Derek Gilna

 

            By all estimates there are at least 13,000 pending commutation petitions either at DOJ or at the White House, awaiting presidential action, but there is concern that the pending lawsuits contesting vote results are slowing the process. When Jared Kushner returns from negotiations in the Middle East in the next several days, the logjam will break. It would be a good finish to 4 years of progress, and pressure Biden to top it.

            Biden has pledged to allocate billions of dollars of funding toward a grant program aimed at promoting crime prevention within state and local governments to reduce the source of crime: poor neighborhoods, child abuse, and limited education access, according to the Biden-Harris Transition plan. Biden says he could reduce the U.S. prison population by more than 50% by reducing or elimination MM's,  and  pledged to invest billions of dollars in a grant program aimed at promoting crime prevention within state and local governments.

            Ft. Dix, the focus of numerous articles, Congressional inquiry, and television coverage, has the dubious distinction of having the most "confirmed" COVID-19 cases, 232, (with perhaps hundreds more unconfirmed) of any federal facility, although the DOJ's inability or unwillingness to universally test makes me think that there are many that have similar numbers. There is also serious scientific doubt as to the health status of those who have "recovered," since many continue to experience serious side effects. It is clear that DOJ has no plan to eradicate the virus, and will not be able to for many months, especially since prisoners are unlikely to even see the vaccine until well into 2021.

            Although in terms of raw numbers, the situation at FPC Duluth may not seem high, it is a microcosm of poor DOJ planning and treatment failures. Duluth, one of the few camps not attached to a higher-security facility, is the northern-most federal prison, in an area of the country untouched by COVID-19 for many months. Lulled into a false sense of security, DOJ bragged in court filings that it was "managing" the virus, recent transfers, sloppy procedures, and botched "quarantines"  has resulted in infected prisoners sleeping on cots in an unheated gym, while staff moves from infected to uninfected dorms without concern for DOJ protocols.  What the numbers are is anyone's guess, but out of a population of 500, it could also be as high as 200, an avoidable crisis.

            Nearly 25% of all inmate cases and 30% of the staff cases have been reported within just the last month. Weekly case report: Alderson, 20 and climbing;  McDowell, over 29; Gilmer, 100+; Ashland, over 181; FMC Lexington and Atwood, 317 (12 deaths); Forrest City, 50+; Aliceville, 100 plus; Ashland, 200+; Duluth, 100+; Hazelton, 10+. So far, heavy DOJ censorship on virus news has only slowed, not ended reports.

            In U.S. v. Green, 17-10346, 11-25-20,  the 11th Circuit found that RICO conspiracy "does not qualify as a crime of violence under 924cm and vacate...and remand." The 7th Circuit slapped down DOJ's argument that the old regulations and SC statements on CR still apply, citing the 2d Circuits Booker decision to follow only the "extraordinary and compelling reason" in deciding whether to grant relief.

            Let not your heart be troubled.

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

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

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

 

Monday, November 23, 2020

ACLU Files Class Action Against Bureau of Prisons and FMC Butner for Continued Bungling of COVID Response

 

Class Action Against FMC Butner Moves Forward, Alleges Deliberate Indifference

 

by Derek Gilna

 

            Like you, I am intrigued by life's mysteries. Why is the recipe for Kentucky Fried Chicken a well-kept secret, when countless tell-all books have been generated by former White House staffers about supposedly private conversations with the President?  How does DOJ manage to locate and serve expired foods when this country is the world's  largest food exporter? How does a certain aged and declining Presidential candidate who did no campaigning garner 15 million more votes than his (still) wildly popular former boss (Obama) when reelected in 2012? Why is it so hard for DOJ to properly medically classify, competently treat, or release aged, disabled, non-violent offenders who have served high percentages of their sentences and who have programmed non-stop?

            For now, I will just stick to the facts that most media outlets do not seem particularly interested in. The ACLU in late October filed a comprehensive and well-documented class action against FMC Butner, which lays out in excruciating detail the DOJ's failure at its primary MEDICAL center to properly treat or release health-compromised prisoners in the face of COVID-19 infestation. (This lawsuit will be extensively covered in my article in Prison Legal News.)   There are at least 160 active COVID cases, and probably more that are undiagnosed, but DOJ continues to avoid mass testing, when in the US more than 1 million are tested daily. Butner has also distinguished itself with virtually NO CARES Act releases, and no approvals of initial compassionate release applications.  Hallinan, et al.  v. Scarantino, et al., 2020-ct-3333, U.S.D.C. for the E.D. of North Carolina, October 26, 2020.

            Current COVID counts: Ft Dix, 214; FMC Rochester, 110; Waseca, over 200; Milan, over 100; Pollack, 25-30; Ashland, over half, with local hospitals at max capacity; Greenville, 700; Duluth, 125; FMC Lexington camp, 292,  9 death; Gilmer, 10; Yazoo City, over 50; Tallahassee, over 50; : Pekin well over 100.  The DOJ Inspector General on November 17 cited Oakdale and Pollock for failure to prevent and contain the virus.           Forrest City, hit hard earlier and with current cases, is reducing the number of prisoners in its overcrowded and mold-infested facilities. However, inter prison transfers continue to fuel outbreak in DOJ facilities across the county. Have your families write or call your Congressmen or Senators, a strategy which has focused attention on Ft. Dix, and pass along the fact that DOJ for a time appeared to have a strategy of deliberately infecting their helpless charges to build (or test)  "herd immunity."

            If you already filed and were denied for CR, especially if the judge cited the lack of prior infections at your facility, or you were already infected,  you are eligible to file once again, citing the new outbreaks, and scientific evidence that shows that those who have "recovered" will have live-long side-effects and likely a higher death rate.

            The good news is that all of Joe Biden's potential candidates for Attorney General, who is charge of the federal prison system, are committed to continuing criminal justice reforms, although Senator Corey Booker, with no prior ties to the criminal justice bureaucracy to weigh him down, would be the preferred candidate.

            Fear not, and let not your heart be troubled.

 

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

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

dgilna1948@yahoo.com (backup: dagilna1948@yahoo.com),

Blog at "Derek Gilna's Criminal Justice Blog."

             

Monday, November 16, 2020

Congress and the Media Awaken from Months-Long Slumber Over BOP's Deliberate Indifference in COVID Response

 

DOJ COVID-19 Response Receives Intense Post-Election Scrutiny; Deliberate Indifference, Anyone?

 

by Derek Gilna

 

            Anyone who still harbors the illusion that government is the answer to all of your problems need only turn to the incredible incompetence exhibited in the DOJ's response to the COVID-19 crisis in federal prisons.   Already cited by the its own Inspector General for failure to provide adequate, well-trained prison medical staff nationwide, it has resorted to "Treatment by Press Release," full of self-congratulations on its feeble response, rising to a level of misrepresentation envied by the Chinese Communist Party apparatus, and dutifully regurgitated by asst. U.S. attorneys until very recently.

            The mainstream media finally has awakened to this ongoing crisis and nowhere is the spotlight brighter than at Ft Dix. Senator Corey Booker, mentioned as possible AG in a Biden administration (much more on that next week), has sent a scathing letter to DOJ. In it, he demanded that all prisoners be tested and cease all further transfers, noting DOJ "does not have an effective plan to ensure COVID-19 positive inmates are not transferred between facilities." The rest of the media now senses blood in the water, and even judges have noticed. A federal judge has ordered U.S. attorneys for FCI Fort Dix to provide details on how the prison has mitigated the spread of  cases there top 200.

            Unfortunately, Ft. Dix is not alone in its misery: Ashland, 20, Gilmer, 107, Duluth, 100, Pekin, both men and women, over 200, FMC Rochester, over 100, Forrest City, over 50,  Waseca, 100,  with many others unable to report due to apparent censorship of emails and reg. mail. The misguided attempts to infect everyone continues.

            Biden has pledged to allocate billions of dollars of funding toward a grant program aimed at promoting crime prevention within state and local governments that get to the root of the source of crime: poor neighborhoods, child abuse, and limited education access, according to the Biden-Harris Transition plan. “After incarcerated individuals serve their time, they should have the opportunity to fully reintegrate into society, earn a good living, and participate in our democracy as our fellow citizens,” Biden’s campaign website states.

            Compassionate releases continue: United States v. Grimm, 2020 WL 6165286 (D. Nev. Oct. 21, 2020),14 years for mortgage fraud, Lupus, diagnosed after court ordered it. United States v. Owens, 2020 WL 6162783, at *1 (S.D.W. Va. Oct. 21, 2020),130 months for crack distribution, reduced to 110 months, has served 92 months,FCI Allenwood Medium, Hypertension, abdominal hernia, missing left kidney. Frushour v. United States, 2020 WL 4734907, at *1 (E.D. Mich. Aug. 14, 2020), Defendant’s projected release date is July 17, 2024, sentenced to 108 months in 2016 for child porn, FCI Milan,78 years old, diabetes, heart murmur, hyperlipidemia, skin cancer, morbid obesity. US v. Nazario-Montijo, 3:17-cr-00278-JAG, ECF 273 (D.P.R. Sep. 17, 2020.) granting reduction in sentence where defendant was sentenced pre-COVID to 24 months pursuant to a binding plea agreement, his self-surrender date extended, obesity and mental health conditions that could be exacerbated by BOP infection mitigation efforts.

            Fear not, and Let not your heart be troubled.

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

113 McHenry Rd., #173, Buffalo Grove, Ill (and IN.)

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