Dr. M Blatstein's Blog, Home Confinement, Preparation, Sentence Mitigation, White-Collar

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FSA CONDITIONAL PLACEMENT DATES ARE NOW CREDITED FROM THE START.

THE DEVIL IS IN ITS IMPLEMENTATION. 

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STACKING THE FSA AND SCA CREDITS TOWARD EARLY RELEASE TO HH OR HC.

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Clemency Pay-to-Play? – Update for October 30, 2025

Trump’s Efforts to Minimize the January 6th Insurrection.

Jan. 1, 2025 – Nov. 10, 2025

Donald Trump’s approach to presidential clemency marked a sharp departure from historical norms, revealing a pattern in which loyalty and political utility often outweighed justice or rehabilitation. A striking number of his pardons and commutations went to close allies and associates—including Rudy Giuliani, Paul Manafort, and Steve Bannon—individuals whose personal or political connections to Trump were unmistakable.

Legal analysts argue that several of these pardons functioned less as acts of mercy and more as tools to shield the former president and his inner circle from accountability. By extending clemency to figures implicated in investigations such as the Mueller probe, Trump appeared to signal that loyalty would be rewarded—even at the expense of the rule of law.

The political overtones deepened after the 2020 election. Clemency increasingly served as a form of political currency, granted to those who advanced or defended Trump’s efforts to contest the election or minimize the January 6th insurrection.

Equally troubling was Trump’s near-total bypassing of the Department of Justice’s traditional review process through the Office of the Pardon Attorney. By dismantling institutional checks designed to ensure fairness and impartiality, Trump turned what is meant to be a constitutional safeguard for justice into a personal instrument of power and retribution.

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Trump’s Pardon List: Donors, Allies, and Power Connections

Former President Donald Trump has issued 77 full, complete, and unconditional pardons, a list that prominently features political allies, loyalists, and major donors. Among the recipients are Rudy Giuliani, Mark Meadows, and Sidney Powell—all key figures in Trump’s efforts to overturn the 2020 election results.

Perhaps most striking is the full and unconditional pardon of Changpeng Zhao, the former Binance CEO who pleaded guilty to money laundering charges. Zhao’s company has documented ties to the Trump family’s cryptocurrency ventures, raising further questions about favoritism and the intersection of politics, loyalty, and financial interests.

Critics argue these pardons reflect a pattern of self-serving clemency, aimed at rewarding loyalty rather than advancing justice. Supporters, however, frame them as corrections to political overreach and prosecutorial bias.

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11-10-2025

LISA LEGAL, Nov. 4, 2025

ANSWERS THE QUESTION: WHAT CONSTITUTES VIOLENT BEHAVIOR? TESTS THE IMAGINATION.

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2025 Federal Sentencing Guideline Amendments Take Effect, November 1^st.

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FCI Milan’s program is unique to the Bureau of Prisons as it is the only high school located within a federal prison in the U.S. 11/6/2025

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The FCI program, established in 1977 with a mere two students, has evolved into a dynamic educational initiative that now boasts a remarkable legacy of over 900 graduates.

Offering a diverse curriculum that includes life skills, traditional academics, fine arts, and industrial arts, this program is expertly guided by four certified teachers from Milan. Graduates receive a diploma equivalent to that of Milan High School, ensuring they are well-prepared to embark on their future endeavors.

At the core of the FCI program is a strong commitment to workforce development, with coursework based on the Michigan Merit Curriculum. In addition to earning their diplomas, students are equipped for high-level vocational training, such as Auto VT, or can seamlessly continue their educational journey through the Jackson College Associate Degree program, which is offered on-site.

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In 2025, we proudly acknowledge the achievements of our students, as the program celebrated another milestone with 13 graduates last year alone. The FCI program not only transforms lives; it empowers students to pursue their ambitions with confidence and skill.

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A 5K1 AGREEMENT CANNOT GUARANTEE HOW YOUR JUDGE WILL RULE AT SENTENCING

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THE JUDGE SURPRISED EVERYONE

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The sentencing hearing begins as expected. Both the defense and prosecution have agreed on a reasonable range. The defendant’s preparation has been thorough, and every step was taken in advance.

Preparation for the Presentence Interview was comprehensive:

• The probation officer received all requested materials well before the interview.
• A detailed autobiographical narrative provided context, accountability, and personal growth.
• Letters of support reflected strong family and community ties.
• Employment and reentry plans outlined a clear and stable path forward after release.

Even the prosecutor acknowledged the defendant’s substantial assistance, and, together with defense counsel, jointly recommended a sentencing range for the court to consider.

• Then, the judge imposed a sentence twice as long as everyone anticipated.
• There were no promises or guarantees, but the outcome still came as a shock to everyone involved.

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Where Does This Leave the Client?

While the court’s decision is final, the work completed before sentencing remains important. Everything submitted during the Presentence Interview shapes the Presentence Report (PSR)—the document that follows the individual throughout their time in the Bureau of Prisons (BOP).

When preparation is comprehensive, it ensures the PSR reflects key details that can positively influence the client’s experience and opportunities while incarcerated:

• RDAP eligibility verified and included, when applicable.
• A specific facility placement request emphasizing appropriate rehabilitative programs, ideally supported by the court.
• Letters of support confirming good character, safe and supportive post-release housing, and verified employment opportunities.
• A clear understanding of the First Step Act (FSA), Second Chance Act (SCA), and Good Time Credit (GTC) provisions—combined with an authentic autobiographical narrative—equips the client to allocute confidently before the judge.

Even when the sentence itself is unexpectedly harsh, these proactive measures help the client move forward with purpose. They provide a foundation for rehabilitation, potential sentence reductions, and a smoother transition home.

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A Final Thought

• Prison is temporary. Preparation, personal growth, and planning for reentry are what last.
• At Physician Prison Consultants / PPRSUS, we remind every client and attorney we work with that while there are no guarantees or promises, thorough preparation before the Presentence Interview remains the single most effective step toward improving what happens next.

THE HAIL MARY, A PRESIDENTIAL CLEMENCY

This all depends on Relationships with the White House.

• Who do you know,
• How much money can you ‘donate’? Etc.
• Clemency is while you’re incarcerated; Pardons are given five years post-release.

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FEDERAL LEGAL NEWS (FLN) 11-3-25

TOPICS

• Pattern of Abusive Medical Care:
  • Why Aren’t All Prisoners Over the Age of 60 or Those with Serious Chronic Problems Filing for Compassionate Release?
• Institutional Roadblocks to Proper FSA Calculations, Timely Release Measures
• Bugs Invade Alderson
• “Strawberry Danish Caper”

MEDICAL CARE

• The FBI has raided multiple institutions, including FCI Dublin, FMC Butner, and FMC Carswell, seizing computers and documents. Investigations have uncovered neglect in medical treatment, with staff omitting crucial information from medical charts, facing little risk of consequences. Chronic issues, including a lack of staff and funding, as well as delayed payments to outside medical specialists, contribute to this ongoing neglect that has persisted for over two decades.
• During the COVID crisis, thousands of elderly and chronically ill prisoners were released to supervised home confinement, with a recidivism rate below 5%. This suggests that similar releases could be successful under the supervision of the US Department of Probation.
• Compassionate release filings can be based on serious, untreated illnesses or a diagnosis of fatal illnesses. Eligible prisoners under 18 U.S.C. § 3582(c)(1)(A)(i) typically serve unusually long sentences, leading to a higher likelihood of becoming elderly, unhealthy, or disabled while incarcerated (U.S.S.G. § 1B1.13(b)(6), Nov. 1, 2023).

Institutional Roadblocks

• Case Managers are still not combining their FSA and SCA benefits, or, in the case of SCA-only prisoners, not granting them the whole year that the statute permits.

Bugs Invade Alderson

• “There has been a reported outbreak of bug bites that seem to cause itching and leave scabs afterward. The medical team has assessed the situation and determined it is not a significant concern at this time.”

The MAT program is in my PSR.

• I’m at FCI Ray Brook and struggling with opioid addiction. I’ve tried for over a year to get into the MAT program, but I’m told I need to be 90 days to the door, only to be met with excuses about staffing issues. It’s incredibly frustrating.

“Strawberry Danish Caper”

• In May 2024, the food service bought around 3,000 strawberry Danishes for inmate breakfasts. Yet, by June 2024, inmates could buy them for $1.50 each???? They apparently were never served at breakfast..

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; flcjustice@yahoo.com, in Spanish; federallc_esp@yahoo.com 

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The DOJ’s New Enforcement: Data-Driven Era in Health Care Fraud

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The Department of Justice’s Enforcement & Affirmative Litigation (EAL) initiative is reshaping how health care fraud is detected and prosecuted.

At its core, the Fraud Section’s Health Care Fraud Unit remains focused on two missions:

1. Protecting taxpayer-funded healthcare programs, such as Medicare, Medicaid, and TRICARE.
2. Protecting patients from fraudulent schemes that cause real harm, including the overprescribing of controlled substances.

A More Integrated, Data-Driven Approach

The DOJ’s new enforcement arm emphasizes an “integrated, data-driven, and swift” strategy that extends beyond traditional False Claims Act (FCA) cases. Enforcement now reaches into the life sciences industry, managed care organizations, private equity investments, and fintech-enabled health services — sectors where complex financial and data systems can obscure fraud risk.

Centralizing High-Impact Litigation

The EAL’s mission to “centralize high-impact affirmative litigation capabilities” means more efficient case selection and faster pursuit of credible leads. The goal: streamline investigations and maximize the impact of enforcement actions.

The Strike Force Model: Data Analytics at Work

At the heart of this approach is the Strike Force Model, which utilizes advanced data analytics and algorithmic tools to uncover fraudulent activity. This includes:

• Assessing scienter standards and causation frameworks in Anti-Kickback Statute cases.
• Evaluating inducement evidence and remuneration valuation across marketing practices, consulting arrangements, and “value-add” incentives.
• Examining medical necessity disputes and upcoding patterns through peer-comparison and physician-level outlier analysis.

Medicare Advantage Under Scrutiny

A central focus area is Medicare Advantage (MA). The DOJ is leveraging advanced analytics to review chart documentation, diagnosis coding, and risk adjustment data. These tools help identify inflated risk scores, unsupported hierarchical condition categories (HCCs), and retrospective coding initiatives that may distort program payments.

Litigation Starts Civil, Do Not Let It Turn Criminal

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Fugitive tolling and federal supervised release

The SCOTUSblog By Richard Cooke, 10/29/2025

The fugitive-tolling doctrine: Rico v. United States,

• The legal principle stipulates that a criminal defendant shall not receive credit towards their sentence for the duration spent as a fugitive. This principle is applicable when a defendant absconds from supervised release, thereby interfering with the expiration of the supervision period while the defendant remains evading law enforcement.
• Rico understands that under 18 U.S.C. § 3583(i), the district court could revoke her supervised release for absconding and drug use, leading to imprisonment and a new supervision term.

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S. 2899 The ‘‘Prison Camera Reform Act of 2021’’

• It is imperative that the Director of the Bureau of Prisons takes immediate action to rectify existing deficiencies and implement essential upgrades to the security camera and radio systems. These enhancements are crucial for safeguarding the health and safety of both employees and inmates within our correctional facilities. Senator Jon Ossoff.

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THE SENTENCING PROJECT, 10/29/2025

THIS STARTS WITH INDIVIDUALS MOBILIZING TO VOTE

• Disenfranchisement of people with felony convictions and changes to U.S. laws.
• Electoral engagement among justice-impacted people – Barriers to electoral participation for eligible justice-impacted people.
• Pathways to voting for eligible justice-impacted people

Travis County peer support specialist

• Former Grassroots Leadership lead organizer for “Fighting Injustice at the Ballot Box”

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FCC draft increases rate caps by as much as 83 percent for phone and video calling, 10-7-2025

FOR MORE OF THESE CHANGES,

• What new rates does the FCC propose?
• How does the FCC justify increasing rates after adopting lower rates last year?
• What else does the FCC propose to do?
• Do the FCC’s actions comply with the law and fair process?
• RULING ON PAGE THREE

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11-3-2025

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Front-End Loader – Update for October 28, 2025

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RELEASE DATE

The release date of a prisoner is crucial for the Bureau of Prisons (BOP) because it affects facility placement, program eligibility, and the timing for transitioning to a halfway house or home confinement under 18 USC § 3624(c) (the Second Chance Act). The BOP has typically calculated the “statutory” sentence by assuming that prisoners will earn all possible good conduct time—54 days per year, as specified in 18 USC § 3624(b).

• However, prisoners can lose this time for rule violations, such as possession of a cellphone, which is a serious (high-severity prohibited act) offense. To address these concerns, the BOP is now using a new metric called the FSA Conditional Placement Date (FCPD) to manage inmates, allowing for the front-loading of Federal Time Credits (FTCs) like good conduct time (GCT).
• The new FCPD date assumes inmates will continue earning FTCS monthly and indicates when they may qualify for a halfway house, home confinement, or release based on earned time credits.
• This change aims to streamline inmate placement in lower custody levels, improving access to vital programs like residential drug abuse treatment. It will also prevent last-minute transfers that can complicate paperwork and housing arrangements, supporting smoother transitions and effective rehabilitation.

FSA LIMITED FOR NON-U.S. CITIZENS

• Congress mandated that earned time credits be used for prerelease custody or supervised release, subject to specific eligibility criteria.
• A memo on January 30, 2025, instructed prison officials to cancel prerelease placements for non-citizens with active detainers, except for permanent residents (Adepoju v. Scales). It allowed up to 365 days of credits for early supervised release but prohibited them for home confinement or halfway houses. This policy was reaffirmed on April 8, 2025, requiring the transfer of non-citizens with detainers back to secure institutions unless otherwise permitted by court order or settlement.

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AN OVERVIEW OF THE FIRST STEP ACT

• Reduction in Recidivism
• Incentives for Success
• Confinement
• Correctional Reforms
• Sentencing Reforms
• Oversight

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Director Prioritizes Timely Reclassification and Designation Process;

From FPC Alderson: “There has been a lot of speculation that by Nov 1, starting with white collar, they would be sending minimums to home confinement.”

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A Very Clear Explanation of  Your “Conditional Placement Date” From The BOP.

The Date You Could Be Eligible for Early Release.

10/2025.

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“Conditional Placement Date” Assumes New Importance;

• “To ensure complete alignment with this statutory framework, the BOP is updating its approach to classification and designation decisions.
• Staff will now utilize the FSA Conditional Placement Date (FCPD), aka: the time credit worksheet, as the anchor for key inmate management decisions for those eligible to earn and apply FSA time credits under 18 U.S.C. § 3632(d)(4).
  • The BOP has introduced a new metric called the FSA Conditional Placement Date (FCPD) to guide inmate management decisions.
  • Front-loading FTCs in the same way they front-load Good Conduct Time.
  • Unlike the previous Projected Placement Date, which only considered credits earned up to a specific date, the FCPD Assumes,
    • That inmates will continue to earn their GTC and FSA Earned Time Credits each month.
    • This change means that the FCPD will determine eligibility for halfway houses, home confinement, or supervised release, influencing security classifications and facility placements.
  • As Walter Pavlo noted in Forbes, this shift marks a significant cultural change, recognizing earned time credits as a key factor in inmates’ movement through the system.”
  • Still, ”In the BOP, the devil is in the details.”

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FEDERAL LEGAL NEWS (FLN) 10-27-25

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BOP Medical Care Through The Eyes of Ret. Correctional Officials Still Cause Unnecessary Suffering;

• The Director also wishes to prioritize medical staff hiring, but that is only part of the problem.
• Just scheduling but not providing care, or the wrong care, is closing in on malpractice.
• Individuals with deteriorating chronic conditions, including aggressive cancers, are going untreated.
• Even Federal Medical Centers (FMC), For Example, DEVEN FMC
• In the end, Compassionate Release/Second Look Act or A Civil Malpractice Suit (Difficult)…
• Inspection of the Federal Bureau of Prisons’ Federal Detention Center SeaTac

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In medicine, healthcare negligence is medical malpractice, and medical malpractice is negligence.

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MAT programs, which Congress designed to treat the thousands of street drug addicts in federal prisons.

BOP facilities are not equipped to chemically detox individuals due to shortages of medication supplies and staff.

• Changes to Opioid Addiction Treatment in Federal Prisons Threaten People’s Lives.

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• Incarcerated people are reporting that the abrupt changes are wreaking havoc on their health and mental well-being. By Pam Bailey, Truthout, March 26, 2025

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Granting 12 months of Second Chance Act Halfway House/Home Confinement for Non-FSA Eligible Prisoners;

• Getting a substantial halfway house placement under the Second Chance Act (SCA) is NOT optional.
  • If your sentence is > 60 mo. (5 yrs) = 6+months on home confinement.
  • If your sentence is < 60 mo. (5 yrs) = last 10% on home confinement.

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Director Marshall is looking for wardens who care, have social skills, and are willing to implement the mission of his FSA Task-Force.

• “The future of the Bureau hinges on our leadership choices. Wardens not only manage institutions but also shape culture and expectations. For too long, we’ve used the same hiring practices and expected different outcomes. This will change now. Selecting Wardens is crucial, and we need to elevate the standard. That’s why we’ve partnered with Precythe, Sturm Advisory Group (PSAG) to assist in the selection process.”

Derek Gilna, Director of Research, JD (De Paul Law School, 1975), MARJ (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; flcjustice@yahoo.com, or (not both) flctruth@yahoo.com, and for Spanish, federallc_esp@yahoo.com.

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10-27-2025

In medicine, healthcare negligence is medical malpractice, and medical malpractice is negligence.

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Under the Federal Tort Claims Act (explainer here), inmates can bring a negligence action against federal officers or employees. Proving negligence is much easier than proving deliberate indifference, which is why keeping meticulous records of all of your interactions by date, date, time, and name, in a formal journal or any other means, can make the difference.

• The malpractice suit must be filed in the state where the negligence occurred. The lawsuit is assessed under state malpractice laws, even when filed in federal court. Most states require plaintiffs to include an expert’s affidavit with their complaint, outlining the standard of care and asserting that the Bureau of Prisons (BOP) physician or nurse failed to meet that standard, thereby constituting a serious breach of duty, aka: “affidavits of merit.”

Getting an expert’s affidavit is a challenge while you’re in prison. If you had a second opinion and the BOP chose not to follow it, then you may have this covered. If you hire one, that cost could run into the thousands.

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Erie Railroad Co. v. Tompkins (1938) is a landmark Supreme Court case that ruled there is no general federal common law. Federal courts must apply state substantive law in civil cases that don’t involve federal questions, but can still use the Federal Rules of Civil Procedure. The decision is considered a cornerstone of American federalism.

At the Supreme Court hearing in Berk v. Choy, Case No 24-440, several justices questioned whether Delaware’s rule requiring an affidavit of merit to file a medical malpractice lawsuit fits with how federal courts are supposed to work.

• Justice Elena Kagan said the rule goes against the idea behind the Federal Rules of Civil Procedure, which are meant to make filing a lawsuit simple — you state your claim and move forward, without extra paperwork.
• Justice Ketanji Brown Jackson agreed, pointing out that under federal law, a case officially starts when the complaint is filed, and no affidavit is needed.
• Justice Sonia Sotomayor noted that Delaware’s rule also delays when defendants have to respond, which conflicts with federal rules that require an answer within 20 days.
• The defendant hospital argued that federal courts shouldn’t throw out a whole state law just because some parts don’t match federal rules.
• But Justice Neil Gorsuch pushed back, saying that trying to apply only parts of the Delaware law would create a “Frankenstein” version of it — something federal courts aren’t allowed to do.

The Supreme Court is now revisiting this issue in Berk v. Choy,  which asks whether Delaware’s affidavit of merit rule for medical malpractice cases is procedural (and thus not required in federal court) or substantive (and therefore binding on federal courts).

A ruling invalidating the affidavit-of-merit requirement would be a major victory for inmate FTCA filers. Berk v. Choy, Case No 24-440 (argued October 6, 2025)

**While I’ve summarized the main points as accurately as possible, I encourage you to review the full article to fully appreciate its context and nuances.

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You Should Have Told Me That…

October 24, 2025

People who pull such scams should keep their employees happy.  While the company made over $4 million, an unhappy employee started a qui tam claim, which, if proven, would result in a financial reward.  

The day after the couple pled guilty in 2016, the Government took over the qui tam action from the employee under the False Claims Act. Guilty pleas can lead to prison, fines, and reputational damage, but they can also be used in civil actions.

Nita Patel (Nita) filed a 28 USC § 2255 asserting that she was never told that her guilty plea could be used against her. The 3rd ruled that Nita, despite completing her prison sentence and supervised release, still met the § 2255 “in custody” requirement due to significant collateral civil consequences from her conviction.

Nita asserted that her attorneys should have advised her that the guilty pleas could also affect her civil liability. 

Her attorneys were not at fault, but a heads-up would have been nice.

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‘All Work And No Pay’ For BOP Employees

October 23, 2025

The State reported that “many staff members were already living paycheck to paycheck.”

“The shutdown will leave many federal prison guards unable to pay mortgages, car payments, or afford groceries and gas. Many are single moms or caregivers facing medical bills and rising living costs. ‘Creditors don’t want to hear it,’ Coleman said.”

During the 2019 shutdown, the BOP provided employees with a letter for creditors. This time, no such letter has been given.

 

 

 

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The impact of the Government Shutdown on inmates and staffing alike.

Before the lockdown, it was evident that the BOP Correctional Staff were already short-staffed. To address this, staff members, such as teachers and medical personnel, were substituted to cover the staffing shortages. Unfortunately, this has resulted in delayed or denied medical care, as well as increased waiting lists for FSA programming, with some programs temporarily shut down.

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Parole in Perspective takes a deep dive into the laws and regulations governing these systems, the decision-making criteria they rely on, and the data on releases. 

• Few studies have examined racial and gender disparities in parole decisions. However, research from South Carolina and California shows that Black individuals are significantly less likely to be granted parole than their white counterparts.
• A study on parole transcripts for women incarcerated for homicide related to intimate partner violence found that mentioning their experiences of violence during hearings made it less likely for them to be granted parole.
• Check out their section of our Research Library dedicated to parole and probation issues. 

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Probation and parole are often pathways back into incarceration.

Staying in compliance with dozens of high-stakes, arbitrary rules is so unmanageable that experts call community supervision systems “a deprivation of liberty in their own right.”  

The MacArthur Justice Center developed 16 guiding principles to make parole a successful tool for decarceration.

—Leah Wang, Senior Research Analyst

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FEDERAL LEGAL NEWS (FLN) 10/20/2025

BOP’s PATTERN System of Scoring,

• Designed to deny First Step Act (FSA) sentence credit for arbitrarily-designated “medium” and “high” recidivism outcomes.

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INEFFECTIVE COUNSEL. 

In Baker v. US, No. 23-2059 (3d Cir. July 25, 2024)

• Filling a motion under Section 2255, claiming ineffective assistance from his attorney, led to a miscalculation of his sentence exposure during plea negotiations. The District Court denied relief, citing a lack of prejudice. However, due to the significant disparity in sentence exposure and Baker’s testimony, he would have accepted the plea deal; he demonstrated substantial prejudice. We overturn the District Court’s ruling and remand for further consideration.
• The issue highlighted in our past newsletters is that the BOP has incorrectly classified certain offenses, including 922g—deemed non-violent by the Supreme Court—as ineligible for FSA. The LOPER Bright decision has overturned the CHEVRON ruling, allowing more challenges to the Bureau’s interpretations of Congressional statutes. This means the Bureau can no longer arbitrarily limit RDAP eligibility, SCA placements, or delay FSA releases without facing potential legal challenges.

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BOP PREA Complaints Backlogged

In December 2022, a Senate report revealed a backlog of about 8,000 PREA-related internal affairs cases within the BOP, noting that the agency does not publicly disclose this issue and that its failures endanger inmates, especially women.

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; flcjustice@yahoo.com, OR (not both) flctruth@yahoo.com, or in Spanish: federallc_esp@yahoo.com,

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Judge partially grants Fort Dix inmate’s bid for prerelease custody review

• Chief Judge Renee Marie Bumb on 10_10_2025. (Early Release Eligibility Opinion)

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New Policy: A Win For Staff And Prison Reform

• The Devils In The Implementation – Responsibility Shifts to Staff

Staff will use the FSA Conditional Placement Date (FCPD), also known as the time credit worksheet, as the anchor for key inmate management decisions for eligible inmates to earn and apply FSA time credits.

• Inmates will be placed in appropriate custody levels sooner.
• Earlier reclassification enables timely transfers to lower security facilities.
• FSA-eligible inmates will be based on their Conditional Placement Date.
• Initiate placement to lower security levels.

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Caveat

• BOP Case Managers’ Responsibility Increases, as
• They Lose Their Union, and
• Are Understaffed.
• We all hope they get the support that they need.

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Prison Reform After Years of Advocacy by Tzedek

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DFCC COLEMAN

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10/20/2025

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First Circuit Requires District Courts to Address:

• Rehabilitation—In Combination with Family Circumstances,
• When Ruling on Compassionate Release under Amended U.S.S.G. §1B1.13  

What’s Important;

• A 20 Year Sentence, with Demonstrated Rehabilitation, and a need for Compassionate Release Will Work.

Another example;

Dana M. Douglas, Circuit Judge:

• The U.S. appeals the compassionate release of Joel Francois Jean, which the district court granted due to his extraordinary rehabilitation and a significantly shorter sentence if imposed today. We AFFIRM, finding no abuse of discretion.

Why and How?

• On the day of his trial, Jean pleaded guilty to conspiracy to possess cocaine and possession of a firearm.
• He was ultimately sentenced to 292 months.

He has been incarcerated in Texas since 2009.

In 2023, Jean filed a motion for compassionate release pursuant to § 3582(c)(1)(A)(i), arguing that three reasons:

1st, at issue on appeal, Jean argued that non-retroactive changes in the law
2nd, his sentence was unjust because it was longer than that of his co-defendants, convicted of more heinous offenses.
3rd, Jean argued that his post-sentencing conduct and rehabilitation favor compassionate release.

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REHABILITATION.

• As soon as Jean began his 292-month term of imprisonment, he worked with fervor toward self-improvement.

At his PSI, he told the officer that “He’s sorry for the situation he caused and plans to change his thinking and choices about his associates to prevent it from happening again.”

The district court valued letters from BOP officials supporting Jean’s release. A BOP manager noted:

• I have over 20 years of experience with the Federal Bureau of Prisons, and I rarely see inmates focused on self-improvement after admission. Jean is a “valuable and indispensable asset,” educating himself and others as he prepares to re-enter society.
• Another supervisor with two decades in corrections called Jean a potential “vital spokesman and shining example to thwart recidivism.”

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10-21-2025

PRESIDENT TRUMP MAKES BOP DESIGNATION DECISIONS

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David Fathi, director of the ACLU’s National Prison Project—which represents 21 inmates—stated that none met the criteria for ADX placement under the BOP’s Program Statement 5100.08, Inmate Security Designation and Custody Classification Manual.   He noted, “None of our plaintiffs were designated for ADX. Under Attorney General Bondi, all have been slated for ADX not due to security concerns, but rather to inflict maximum suffering.”

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“People should be very concerned about the president and attorney general’s disregard for the law in this case,” Fathi said.

“Today, it may be people who are very unpopular. Tomorrow, it could be anybody.”

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Wall Street Journal, Biden Spared 37 Killers From Execution. Trump Ordered Up a Lifetime of Torment (October 11, 2025)

Bureau of Prisons Program Statement 5100.08 CN-2, Inmate Security Designation and Custody Classification Manual (March 5, 2025)

~ Thomas L. Root

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10/2025

…PART OF THE WH PLAN?

FUNDING FOR THE JUDICIAL BRANCH HAS LAPSED. SOME CASES WILL BE DELAYED, DETERMINED BY FEDERAL JUDGES AND THEIR STAFF – WORKING WITH NO PAY.

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ANOTHER SENTENCE COMMUTED

HIS MOST FAVORITE RADIO STATION: W.I.I.F.M. 

“WHAT’S IN IT FOR ME?” 

Maya Angelou – “When someone shows you who they are, believe them the first time.”  

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PARDONS, CLEMENCY, and SENTENCES COMMUTED IF YOU’RE CHOSEN; THE PRICE,
You’re Found Guilty and have Something To Offer…

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Santos stipulated that he had engaged in the following additional criminal conduct, 

The Credit Card Fraud Scheme

• Falsely represented his FEC filings.
• He then repeatedly charged contributors’ credit cards without their authorization. 
• Santos sought out victims he knew were elderly persons suffering from cognitive impairment or decline.

Fraudulent Political Contribution Solicitation Scheme

• He defrauded prospective political supporters by accepting the funds
• The transferring them into his personal bank accounts, and in one instance, was laundered through two of Santos’s personal accounts.

Unemployment Insurance Fraud Scheme

• COVID-19 PPP Loan Fraud

False Statements to the House of Representatives

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October 2025: The justices consider Restitution

In Ellingburg v. United States, the justices will decide if the ex post facto clause applies to the Mandatory Victims Restitution Act. If it does, Holsey Ellingburg’s restitution will be limited to the amount required at the time of his bank robbery; if not, he may face stricter federal laws.

• Ellingburg argues that his restitution obligation is criminal, established during sentencing by the trial judge. He points to the statutory framework, emphasizing that the restitution amount is determined at sentencing and follows criminal procedures.
• Highlighted is the significance of sanctions for unpaid restitution, with immediate incarceration for defendants who disregard restitution orders—unlike civil disputes. The Mandatory Victims Restitution Act (MVRA) designates restitution as serving “punitive purposes,” and the Supreme Court views it as a criminal sanction.
• The outcome seems predetermined, with the government admitting that MVRA restitution is criminal under the ex post facto clause. 

9/16/2025 NACDL released: How Federal Restitution Law Fails Everyone

 

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10-14-2025

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FEDERAL LEGAL NEWS (FLN) 10/13/2025

The use of tablets may be soon.

Correspondence from Coleman Low:

• “Medical pill line is telling us they are not doing prescription refills due to the government shutdown.   People are going to start dying soon.  Look at what happens when you stop heart medications and blood pressure pills abruptly.” Only time will tell.

FSA SCA Task-Forces’ effort at Recalculating ETC is still a “work in progress,” meaning thousands are kept past their proper “out” dates. The associated “backlog” of uncalculated credits is causing frustration among inmates, as staff are left to confront their disappointment at being housed longer than necessary.

The BOP “drug treatment,” or BOP MAT program. 

• RDAP, in some facilities – shortly after it became law, began denying the (up to) one-year sentence credit for those who had a firearms conviction ANYWHERE in their criminal backgrounds, not just in their current offense. 
• A LOPER Bright-based challenge may be in its future.

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RDAP Disqualifying

• Sections 2250, 2251, 2251A, 2252, 2252A, 2260, 2283, and subparagraphs (A)(i) or (B)(i) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)), or paragraph (1)(A) or (2)(A) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), related to manufacturing, distributing, or possessing with intent to handle a detectable amount of heroin.

But only if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor,

• Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), regarding manufacturing, distributing, dispensing, or possessing a controlled substance, or importing or exporting it, if the court finds that: (I) the offense involved a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]propenamide or its analogues; AND (II) the offender was an organizer, leader, manager, or supervisor in the offense.
• The designation of “Leader, Organizer” is key.

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; flcjustice@yahoo.com, or (not both) flctruth@yahoo.com, and in Spanish: federallc_esp@yahoo.com

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Allegations of Misconduct in the BOP…

9-30-2025
The predominant types of misconduct allegations are centered around unprofessional behavior and violations of policy, with instances of profane language and harassment surfacing frequently within prison environments.

Other significant concerns included absenteeism and defiance of supervisors’ directives, particularly regarding mandatory overtime. Though these actions may not be classified as criminal, they have the potential to undermine workplace culture and severely deplete valuable resources. Alarmingly, criminal misconduct accounted for approximately 14% of all allegations from 2014 to 2024.

This disturbing trend encompassed grave incidents of physical and sexual abuse, exemplified by the closure of a federal prison in California in 2024 due to serious accusations of staff abuse against incarcerated women.

WatchBlog: Following the Federal Dollar

My Opinion. Time will tell if removing the BOP employees’ union will help or hinder Director Marshall’s II efforts to turn around this agency.

He is facing,

• BOP Employees who are understaffed (at times with mandatory overtime) and whose pay for some is below that found in the private sector.
• A Crumbling Infrastructure
• FSA Task-Force, where some staff still do not believe it’s mandatory.

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This Is A Prison Problem – Not Only A Connecticut Problem

9-29-2025

Overdose deaths within prisons have surged alarmingly due to both illegal drugs and prescribed medications. The rise of synthetic drugs like K2 has worsened this crisis, posing significant risks to inmates and staff. K2, a synthetic opioid blend, is difficult to detect when smuggled inside. Once in the facility, it can cause severe reactions, including paranoia, seizures, and loss of control. Correctional systems face the twin challenges of preventing drug infiltration and providing essential treatment for those in need.

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Federal Legal News (FLN)

10-6-25

Terminating the Council of Prison Locals

The end of union protections allows employees to be terminated for failing to follow BOP policies and procedures. While this has been an ongoing issue regarding FSA Implementation, a large part of the blame can be attributed to a lack of direction from Grand Prairie, TX, to Case Managers.

Compassionate Release Still Effective Even Without Retroactivity

The 2025 US Sentencing Guideline changes, which take effect on November 1, 2025, show promise for supporting petitions for sentence reduction without including Retroactivity.

The proposed amendment addresses key issues such as the roles of offenders, the varying purity of methamphetamine, fentanyl misrepresentation, machinegun enhancements, and safety valve eligibility. The amendment addresses public health crises like the opioid epidemic by promoting rehabilitation for low-level offenders and prioritizing reform over punishment. It also recognizes compassionate release for those who demonstrate significant changes in circumstances or character.

Second Chance Act Review: Advocates Make Argument for Compassionate Release Based upon Inadequate and Non-Existent BOP Medical Care

The failure of BOP employees to follow policies and procedures could justify a compassionate release if a prisoner’s safety or health is compromised. Examples include medical staff downplaying serious illnesses and inadequate treatment, which violates federal medical records law (in how they write their SOAP Note, vs treatment provided) and can lead to suffering or even death.

For those unable to use FSA for sentence reduction, the Second Chance Act (SCA) applies to all citizens on supervised release, regardless of offense or sentence length. Despite having resources, the Bureau failed to increase halfway house bedspace as required. The BOP Director’s June 2025 memo established policies to enhance sentence reduction during release placement, stating:

• FSA Earned Time Credits and SCA eligibility can accumulate, enabling qualified individuals to serve parts of their sentences in home confinement.
• Placement decisions will prioritize stable housing and community readiness, not past employment.
  RRC bed capacity will not hinder home confinement for those eligible.

The CR filings highlight the threat to prisoner health resulting from the apparent Bureau of Prisons (BOP) incompetence.

The medical treatment approach in the Bureau of Prisons (BOP) appears to focus only on relieving symptoms. The petitioner claims he hasn’t received the necessary standard tests that would typically be administered outside of prison, leaving him unable to assess whether his health is deteriorating. His concerns stem from his own physical condition and discussions with other inmates, revealing that inadequate testing and treatment are widespread in the BOP.

If federal prisons only provide care for immediate symptoms and neglect the needs of cancer patients requiring regular testing, it could be considered malpractice. For example, individuals needing follow-up tests to check for cancer recurrence or those with brain tumors may not receive the necessary monitoring while incarcerated in the Bureau of Prisons (BOP). This seems to reflect a systemic policy problem.

Failed Suicide Prevention Test

A study published in BMJ Public Health revealed that the suicide rate in federal prisons rose from 10.57 per 100,000 individuals in 2009 to 19.01 per 100,000 in 2020. Notably, in 2020, the age-standardized suicide rate in federal prisons exceeded that of the general U.S. population for the first time.

Derek Gilna, Director of Research, JD (De Paul Law School, 1975), MARJ (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; flcjustice@yahoo.com, OR flctruth@yahoo.com  or Spanish; federallc_esp@yahoo.com.

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10-7-2025 

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Ellingburg v. United States, which asks whether mandatory restitution constitutes criminal punishment such that the Constitution’s ex post facto clause would prohibit it, will be argued on October 14. 10/6/2025

Placement Within 500 Miles of your Legal Residence

Myth. The  First Step Act requires that the BOP place someone within 500 driving miles of their home, which is incorrect. Instead, it says that the BOP shall place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable…

According to the fine print in 18 USC § 3621(b), Congress specified that placement is subject to factors such as bed availability, the prisoner’s security designation, programmatic needs, mental and medical health needs, any faith-based requests made by the prisoner, recommendations from the sentencing court, and other security concerns. This demonstrates that the policy is more complex than it may initially appear.

DOJ OIG Report 9/25/2025

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SEAN DIDDY COMBS, HIS RISE AND FALL

From Indictment, To Trial, And Sentencing. Defense by Attorney Teny Geragos and their team.   https://lnkd.in/ek_RdDJh

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Diddy’s Day In Court:

• Four Years and 2 Months.
• The Prosecution wanted an 11-year prison term.

How long will he serve?

• He will immediately get credit for the 12 months he spent at the Metropolitan Detention Center (MDC) in Brooklyn.
• The Drug Program (RDAP), nope, due to Violence.
• GOOD Time Credit: 54 days per year or a little over 216 + 9 (for the 2 months) = 225 days.

The First Step Act (FSA):

• After 26 months, he may be eligible for 300 days off his sentence.

Second Chance Act (SCA);

• 10% on Home Confinement

Judge Subramanian

While Combs was not convicted on sex trafficking and racketeering charges, the judge referenced;

• The federal Mann Act, which criminalizes transporting people across state lines for prostitution.   https://lnkd.in/eNuWBHC7
• “The drugs may have exacerbated your erratic and violent behavior over the years. However, the court has to consider all of your history here,” Judge Arun Subramanian told Sean “Diddy” Combs.
• Did the judge consider Public Safety Factors? It appears so.
• He also must pay a $500,000 fine.

His Counsel promises an Appeal.

• Brian Steel told CNN he thinks the sentence “sends the wrong message” and argued Combs was sentenced for conduct the jury did not find him guilty of.

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His Sentencing is tomorrow, 10/3/2025.

• He’s facing Counts 1-3, but to his judge, here he has to make a Great First Impression.
• So far, he has excellent counsel, but tomorrow he will have his chance to address the judge.

His positive actions in jail are exemplary, but hopefully, he has been coached and prepared for his most significant performance – requesting leniency, without using those words.

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HEALTHCARE PROVIDERS ARE THE DOJ’S NUMBER ONE TARGET, AND THAT INCLUDES TELEMEDICINE

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Telemedicine must involve a genuine patient-provider interaction; the absence of a video encounter with “the patient” undermines its effectiveness and is just what the DOJ is looking to prosecute.

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My Opinion Here.

• This specific medication should not be the focus of this charge.

The federal case challenging the safety of mifepristone, which is used to treat miscarriages and to induce early abortions, is being transferred from Texas to federal courts in Missouri, Kansas, and Idaho.

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USP-Big Sandy Conspiracy to Brutalize Prisoners – Sentencing set for November 2025.

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The conspiracy involved an associate warden and a guard captain, E.E. and M.D.

• On January 24, 2025, former BOP guard Lt. Terry L. Melvin pleaded guilty to inmate assaults, describing them as a “commonplace occurrence” at the facility.
• He revealed an unofficial policy that allowed these assaults to reduce the number of prisoners in protective custody (PC). When inmates requested PC, they faced a grim choice: fake an assault to trigger violence and a transfer or withdraw their request and remain vulnerable in the general population.
• BOP reaffirms its commitment to eliminating staff-on-prisoner violence. Melvin faces up to 10 years in prison for violating a prisoner’s Eighth Amendment rights and conspiring to infringe on civil rights, with sentencing set for November 2025. See: United States v. Melvin, USDC (E.D. Ky.), Case No. 7:25-cr-00001

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TYLENOL AND THE WRONG INFORMATION RELEASED

This provides false and dangerous information to the public.

• Wrong Information (with no studies supporting their claims) to Pregnant Women (who should listen to their OBGYN), and not HHS, NIH, and FDA.
• This could also lead to baseless lawsuits against Tylenol, forcing them to defend themselves against unmerited claims that are being spread.

U.S. Senator Bill Cassidy, M.D. (who unfortunately appointed RFK to his position), expresses support for President Trump’s efforts to address this issue and to support the Health and Human Services (HHS). HHS should release the new data it has to substantiate this claim. The Majority of Evidence Indicates that This (TRUMP) Is Not Accurate!

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Trust in HHS, the National Institutes of Health (NIH), and the Food and Drug Administration (FDA) continues to decline. As a result, various Specialty Medical National Associations have publicly discredited these organizations and RFK. They strongly recommend: 1) being aware of the potential harm that could arise from following their misguided medical recommendations, and 2) seeking information and answers from trusted physicians or specific National Medical Associations.

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9-29-2025

Federal Legal News (FLN)

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During the pending government shutdown, stay vigilant about institutional initiatives that may increase hardships for prisoners and visitors. Confirm visiting hours before traveling to see loved ones, and check if toilet paper and hygiene products are being rationed again. Further disruptions,

The Central Office has received numerous complaints regarding,

• financial mismanagement related to expanding halfway houses without adding beds,
• and empty commissary shelves for an inmate-funded service.

Community physician consultants,

• Many outside medical providers also refuse BOP referrals for specialized treatment due to unpaid prior services. 
• Also, the Clinical Director (CD) is not obligated to follow the recommendations of outside specialists, Pages 20-21.

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Medical Care Delayed and/or Denied, the Administrative Remedy Process was followed. Unfortunately, his last will and testament is below, and only outside advocacy that can change the BOP Attitude. These examples do happen and can be found throughout my website.

•  “Last Will and Testament; I am presently exhausting my administrative remedies about medical care, I believe that there is something wrong with my heart, I also have several lesions on my body… I went to medical (and)…they sent me to Pekin medical center, (but the prison) doctor never examined the lesions; no ex-ray or Ultra Sound, Biopsy…. they canceled my treatment without telling me, on or around 06/09/25… the one (lesion)under my arm swelled up and exploded oozing green puss for days, I went back to sick call and they just gave me anti biotics. They said in my BP-8 that they canceled because it was cosmetic without any type of diagnosis. My heart is skipping beats and pounding out of my chest … In case of my untimely death due to heart failure, I put in my BP-9 that I want them to send you my BP-Remedies to show that this was a death that could have been prevented….” This was received (by FLN) before his email was deleted as part of the BOP’s nationwide block.
• The challenge becomes greater when they are too ill to go through this process.

The case of Gonzalez v. Herrera, No. 24-2371 (9th Cir. 2025), held that FSA Credits can be used to reduce a sentence, and (the court of appeals held) FSA time credits in excess of one year should be applied to a defendant’s term of supervised release.

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Valladares v. Ray, 130 F.4th 74, 79 (4th Cir. 2025):  “time credits can be applied toward earlier placement in pre-release custody or supervised release,” found on page 6 of 8.

• Congress enacted the FSA in 2018, which, among other mechanisms, established a system of time credits and provided eligible inmates the opportunity to earn these credits for participating in evidence-based recidivism reduction programming and productive activities. 18 U.S.C. § 3632(d)(4)(A). Under the FSA, the time credits can be applied toward earlier placement in pre-release custody or supervised release. Id. § 3632(d)(4)(C).

The reclassification of certain courses as non-FSA qualifying undermines Congressional intent that all forms of “productive activity” by prisoners, including prison employment, should confer FSA eligibility.

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Akwuba v. Stover, Connecticut District Court, 3:23-cv-01557, May 27, 2025.

• “College correspondence classes predated the FSA and meet the definitions of EBRRs and PAs. While the Attorney General or the BOP can assign EBRRs, there’s no provision allowing them to reclassify activities that fit the statutory definition. Ms. Akwuba’s college correspondence classes in real estate law were approved by her unit team at FCI Aliceville, which instructed her to continue taking them before her departure. This approval satisfies any requirement for her classes to qualify as EBRRs or PAs.”

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DOJ OIG Releases Interactive Dashboard On BOP

1. The BOP Should Ensure Accurate Calculation of Driving Miles.
2. Driving miles is the calculation method required by the FSA, not the straight-line “as the crow flies” method currently being used.
3. The BOP Should Properly Document Placement Decisions.
4. The BOP Should Ensure that Address Information Is Accurate and Standardized.

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Written Policy, Regarding The DOJ OIG BOPs Interactive Dashboard

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Official OIG Audit of the Federal BOP’s Efforts to Place Inmates Close to Home

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Their Interactive Tool Allows You to,

• Filter your results by state or inmate security level using the dropdowns in the top left, or switch the bar chart using the buttons in the top right.
• The BOP’s “straight mile” method uses the spherical distance between the center of an inmate’s home zip code and the center of their designated facility’s zip code.
• The FSA’s “driving mile” method uses the driving distance between the center of an inmate’s home zip code and their designated facility.

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BOP Ends Union Contract

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9-25-2025

COMPASSIONATE RELEASE: The Data “%,” How Successful Will Yours Be?

• • MOTIONS FOR COMPASSIONATE RELEASE BY MONTH
  • BY MONTH OF COURT DECISION
  • GEOGRAPHICAL DISTRIBUTION
  • BY EACH CIRCUIT AND DISTRICT
  • BY YEAR OF ORIGINAL SENTENCE
  • BY CIRCUIT OF GRANTED MOTIONS 
  • BY DEMOGRAPHIC CHARACTERISTICS 
  • BY SENTENCING FACTORS
  • BY TYPE OF CRIME
  • BY TYPE OF CRIME FOR INDIVIDUALS DENIED
  • BY ORIGINAL SENTENCE LENGTH 
  • REASONS GIVEN BY SENTENCING COURTS FOR THOSE GRANTED
  • REASONS GIVEN BY SENTENCING COURTS FOR THOSE DENIED

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9-22-2025

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FEDERAL LEGAL NEWS (FLN)

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The agency’s years of half-hearted compliance with the First Step Act continue.

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• “FSA Earned Time Credits and SCA eligibility will (now) be treated as cumulative and stackable, allowing qualified individuals to serve meaningful portions of their sentences in home confinement when appropriate. 

Conditional Placement Dates

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Projected credit accrual and statutory timelines will drive timely referrals, rather than bureaucratic delays. Placement decisions will be guided by stable housing and readiness for community reintegration, rather than previous employment history. Additionally, limitations on Residential Reentry Center (RRC) bed capacity will not hinder home confinement placement for individuals who are statutorily eligible and suitable for such placement.

Still, many institutions appear to treat it as advisory rather than mandatory.

• AG Pam Bondi’s DOJ continues to oppose prisoner 2241’s request for sentence credits, reiterating outdated and incorrect arguments from Biden’s Justice Department, which delays early releases.
• In the case of Gonzalez v. Herrera, No. 24-2371 (9th Cir. 2025), the Ninth Circuit ruled that FSA Credits can be used to reduce a sentence. This decision contradicts the standard briefs submitted by Assistant United States Attorneys (AUSAs) nationwide, which sought to undermine the clear directives of the First Step Act (FSA).

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Congress May Tackle Criminal Reform, 9-22-2025

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Republicans eye a crime bill for Trump, and for the midterms. SEMAFOR, Sep 17, 2025

“Combating violent crime has consistently been a top priority for President Trump, and this commitment will undoubtedly persist. We are exploring a comprehensive array of solutions. Congressional Republicans are engaged in serious discussions about a sweeping crime bill. Their plans are still in the early stages but show promise; a national crime bill could significantly boost the party’s momentum as the midterm campaign intensifies. This strategic focus comes at a pivotal time, as recent polls indicate a decline in voter confidence regarding Trump’s economic management.”

• …the bad news is that what comes out is unlikely to be a “Second Step Act.” Instead, imagine an extension of the Violent Crime Control and Law Enforcement Act of 1994. This may put Trump’s FSA-SCA with stacked ETC, providing a pathway for Early Release to Home Confinement, in the senator’s trash can.

 

Don’t expect a BOP Rehab program that takes into account withdrawal.

 

“The Bureau is well aware that a significant number of inmates grapple with drug addiction, yet medication-assisted treatment (MAT) remains underutilized, despite the widespread availability of drugs within prison walls. Those fortunate enough to be enrolled in the program are increasingly alarmed by unnecessary changes. One inmate shared, ‘I’ve been on the MAT program here, taking Suboxone (generic equivalent) at a daily dose of 8mg for over seven years—five years on the outside and two in prison. It has literally saved my life.

• Now, instead of receiving our medication daily at 12:30 pm, they’re shifting to an alternate-day schedule. This means I’ll only receive my dose on Monday, Wednesday, and Friday, leaving weekends without any support. The increase in dosage may be labeled as “adjustments,” but this is not a medical decision—it’s a staffing issue.’ This change risks undermining the progress we have made in recovery.”
• From those I have spoken with, it is clear that staffing shortages (when medical staff have to substitute as corrections, including teachers, leaving FSA Programs shuttered or delayed), as well as the medical supplies being low or worse, are just one more problem to deal with after shortages in staff and medical supplies.

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Inmate Deaths Happen, But Why With This Frequency?

Four in 9/2025.

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These deaths can’t all be of natural causes; why so many?

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9/24/2025 had been in custody at FCI Petersburg Low since September 23, 2025, was found unresponsive…

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On 9/25/2025, a 29-year-old male arrived at FCI Englewood on Thursday, March 28, 2024. While under pre-trial status.

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9/8/2025, a 60-year-old male who was ending a 60-month sentence at a FPC

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9/21/2025, Was the Sex Offender’s housing taken into consideration, knowing his charges, before placement?

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(FCI) Aliceville in the news. Compassionate Release could have been a consideration, but what contributed to the alleged neglect?

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This sounds like the OIG-DOJ Report from FDC SeaTac?l

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The OIG Report on SeaTac FDC

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The BOP did not release redacted mortality reports from FCI Aliceville until Reason initiated FOIA litigation.

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OTHER EXAMPLES

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Sept. 16, 2025. Bloomberg Law: Alarm at the Judiciary: Overuse of the High Court Docket (1).

• During a closed-door biannual meeting of the Judicial Conference, which is the federal court system’s policymaking body led by the chief justice, Rep. Hank Johnson (D-Ga.) stated, “The rule of law is at a Category 6 code red, a six-alarm fire.” This quote comes from a copy of his prepared remarks shared by his office.

Our Supreme Court’s (over)use of the Shadow Docket. So that you know.

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9-15-2025

Why? Chris wrote back that he had been in the Special Housing Unit and had slipped his grievance under the door for pickup, the usual procedure for people in the SHU, and the only way he had to file. It wasn’t looking good for Chris as there was no way to prove that he/she attempted the Admin. Remedy Process while in the SHU.

• But Rule 56 has an escape hatch: Rule 56(e) permits a court to issue appropriate orders when “a party fails to support an assertion of fact properly.”  The 3d Circuit reversed the District Court and reinstated Chris’s lawsuit.  [Rule] 56(e):  Doe does not compel courts to completely disregard unsworn statements when assessing the propriety of summary judgment. A  pro se litigant’s ignorance of procedural rules may or may not provide a procedural break. It just gives you the time to get your case together and another chance to make your case.

Lauria v. Lieb, Case No. 24-1461, 2025 U.S. App. LEXIS 23622 (3d Cir. September 12, 2025)

United States ex rel. Doe v. Heart Solutions, PC, 923 F.3d 308 (3d Cir. 2019)

 

 

 

September 11, 2025,  Lisa-legalinfo

Appeals Hearing on Transgender Injunctions: 

A US Court of Appeals for the DC Circuit panel recently expressed skepticism about overturning injunctions that block President Trump’s executive order to transfer 19 transgender women prisoners to male facilities. During a hearing, the appeals panel considered arguments to lift the injunction on the  January 20th executive order, which barred individuals assigned male at birth from women’s prisons and mandated changes to gender-affirming medical care policies. A lawyer for the incarcerated trans women urged the panel to uphold the injunctions to prevent further sexual violence, stating, “This isn’t about abstract questions; this is about constitutional limits on prison officials’ ability to ignore serious violence risks.”

During last week’s arguments, Senior U.S. Circuit Judge Raymond Randolph stated that the Bureau of Prisons (BOP) did not seem to adhere to the requirements outlined in Trump’s executive order. Randolph highlighted that a provision of the Prison Rape Elimination Act mandates the BOP to ensure an inmate’s safety when considering a transfer to a new prison. However, this provision did not appear to be followed in several of the plaintiffs’ cases. Doe v. Bondi, Case No. 25-5213 (oral argument September 5, 2025)

 

FEDERAL LEGAL NEWS (FLN)

Post-Conviction Criminal Law – Compassionate Release

The FSA allows a judge to take a “Second Look” at the length of your sentence, including your supervised release. This review can consider factors such as the medical care you are receiving, positive changes in the law, and advancements in scientific research (for example, the purity of methamphetamine) to grant you relief, personally.

• It does not provide for leader-organizers, 924c, and some Sex Offenders.
• 2023 US Sentencing Guidelines broadening the ways to win relief, 
  • poor or non-existent medical care,
  • lack of competent medical treatment,
  • excessively long sentence, 
    • “Extremely Long Sentences.” According to the USSC, “ (6) UNUSUALLY LONG SENTENCE.—If a defendant received an unusually long sentence and has served at least 10 years of the term 
  • any changes in the law.
• With the increase in official reports detailing,
  • the appalling living conditions in every federal prison,
  • Most federal prison has
    • serious mold problems, and
    • a medical system where the official records do not match with the care you did or did not receive, extending to not actually treating you.
• The addition of the FSA Task-Force,  this administration is placing a renewed focus on the comprehensive application of every available sentence-reduction tool.
• This still depends on case managers and counselors who, in the past, haven’t consistently verified your ETC, and may have inadvertently “lost” or delayed your administrative remedies.
  • This impacts the reliability of the processes that could lead to your early release.
  • Your attention should be focused on tracking your own FSA ETC, and next, if needed, on preparation to implement the BOP Administrative Remedy Process through 28 U.S. Code § 2241, pdf.

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Compassionate Release

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In Gonzalez v. Herrera, No. 24-2371 (9th Cir. 2025),

The Ninth Circuit held that FSA Credits can be used to reduce a defendant’s supervised release term, rejecting arguments from AUSAs that these credits are worthless. Gonzalez earned 610 days of credits, 237 of which were used to end his custodial sentence, leaving 373 that the government deemed insignificant.

After the district court denied his habeas corpus petition under 28 U.S.C. § 2241, Gonzalez appealed. The Ninth Circuit noted that 18 U.S.C. § 3632(d)(4)(C) has led to varied interpretations. The court emphasized that the statute clearly states that time credits earned through recidivism reduction programs should apply to supervised release, concluding that Gonzalez’s earned credits must be factored into his release term.h

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9-2025 The DOJ OIG INSPECTION RESULTS OF FDC SEA TAC

FDC SeaTac is an administrative-security federal detention center housing both female and male inmates.

The DOJ OIG found significant issues at FDC SeaTac regarding inmate healthcare quality, staffing shortages, and contraband interdiction. These shortages of healthcare employees and Correctional Officers have led to severe operational challenges that impact the health and safety of both employees and inmates.

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ThE DOJ-OIG Report…

At The Time of the DOJ-OIG Inspection, Significant Staffing Shortages.

• The Correctional Services Department was staffed at only 69 Percent.
• The Health Services were at 50 percent
• The Clinical Director position had been vacant for at least 18 months.
• 3/9 nursing positions and one of the two pharmacist positions were filled.
• SeaTac’s Health Services Department called the healthcare situation a “crisis,” necessitating a focus on emergency care for inmates, which contributed to various issues in inmate healthcare.
• The shortage of Correctional Officers led the institution to implement “Augmentation” policies, requiring non-correctional staff (teachers, nurses, etc.) to serve as substitutes. These stopgap measures contributed to low morale and employee exhaustion.

Result:

• Inmate Healthcare Delays for Routine and Serious Issues

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9/8/2025

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Prison Policy Initiative Library Updates 

8/11/2025, Heat Incident Questions to BOP Director Marshall, From Congress.

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Heat’s Deadly Impact

The lawmakers also raised concern over the current state of BOP personnel and infrastructure, discussing how that may impact the Bureau’s ability to respond to extreme heat in federal prisons: 

• “Several reports, including one conducted by the U.S. Department of Justice Office of the Inspector General, emphasize the ongoing crisis BOP facilities face due to severe staffing shortages and deteriorating infrastructure.  

Aging infrastructure poses significant risks to facilities lacking proper air-conditioning systems, which are critically important in preventing serious health issues associated with extreme heat. 

• Staffing shortages limit staff capacity to mitigate extreme heat issues, making those with medical and mental health conditions that are exacerbated by high temperatures more vulnerable to heat-related illnesses or deaths.”

Climate Change Is Even More Severe on Those Incarcerated With Medical Illnesses

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• Climate and the Impact on CDCR by California Department of Corrections and Rehabilitation, June, 2025
  “In 2024, the Department of Industrial Relations (DIR) adopted a new indoor heat standard specific to all indoor work areas…State and local detention facilities were excluded from those regulations.”
• Paying for One’s Own Incarceration: National Landscape of “Pay-to-Stay” Fees by Campaign Zero, June, 2025
  “48 states allow for the imposition of at least one category of pay-to-stay fees; only the states of California and Illinois have repealed fees for all categories in state correctional facilities.”
• Prices for all Americans are set to unnecessarily rise by FWD.us, June, 2025
  “Recent and proposed immigration policies will result in American families paying an additional $2,150 for goods and services each year by the end of 2028.”“Judges must change an array of pretrial practices that do not advance either public safety or the statutory goal of assuring return to court.”
• Mental Health Care Barriers for Women Involved in the Criminal Legal System With Substance Use Disorders: A Qualitative Study by Emma M. Skogseth et al., March, 2025
  “While women expressed concern about stigma around seeking mental health medications, some of the professionals expressed stigmatizing views about potential misuse of medications.”

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FEDERAL LEGAL NEWS: PATTERN

The algorithm-based risk assessment tool was used to determine eligibility for home confinement during the COVID-19 pandemic and for First Step Act (FSA) earned time credit calculations.

Critiques indicate that PATTERN overpredicted recidivism risk for Black and minority individuals, leading to their disproportionate exclusion from release programs and delayed access to early release under the FSA.

• PATTERN MALE
• PATTERN FEMALE
• PATTERN SCORING
• PATTERN VIOLENT OFFENSE CODES

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CURRENT EDUCATION PROGRAMS – OUTDATED

•  “The materials for GED are from 2014, and we have no updated curriculum to tutor students. The FSA classes, like Finance, are outdated and cover basic topics like writing a check and using an ATM, while neglecting current methods such as Apple Pay, Google Pay, and Zelle.”
•    “The USSC is considering retroactively applying Part A of the 2025 drug offenses amendment, as noted in a May 9, 2025, Federal Register notice, with public comments due by June 2, 2025. Under 28 U.S.C. § 994(u), courts can reduce sentences for defendants if the amendment lowers the guideline range (18 U.S.C. § 3582(c)(2)). The USSC assesses retroactivity based on the amendment’s purpose, impact on sentencing, and feasibility. We can assist in understanding these changes and expediting court petitions for sentence reductions.

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DRUG CRIMES AND AI IN PROSECUTION

• The use of computerized and AI to process, identify, and prosecute potential drug offenders is astounding. The government instantly identifies known drug traffickers, their suppliers, their customers, and their relationships with confidential informants. A defense attorney’s discovery that does not request such information from the prosecution is probably grounds for a habeas petition for inadequate representation of counsel.

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BOP DIRECTOR MARSHALL WILL REDUCE THE PRISON POPULATION

• The BOP Director is focused on reducing the prison population safely. While no timeline has been set, staff are advised to work with the FSA Task-Force and prepare for housing fewer inmates in the coming years. This is evident from the Director’s memo regarding the interview of new wardens.

 

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9/2/2025

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Busy Criminal Caseload for SCOTUS – Update for September 2, 2025

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9/1/2025

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National Organizations Call for Second Look Review – Updated 8-2025:

The American Law Institute (ALI) recommended a judicial review at 10 years for sentences imposed on youth and a sentence review at any time for those experiencing “advanced age, physical or mental infirmity, exigent family circumstances, or other compelling reasons.

The evolution of the second look movement, which began with the U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) regarding juvenile life without parole (JLWOP) sentences. Recently, the movement has expanded to cover excessive sentences for youth and emerging adults facing life without parole (LWOP).

Fifteen states, the District of Columbia, and the federal government currently have second look judicial reviews, while 16 states have found specific, lengthy sentences unconstitutional under Graham or Miller. The report outlines second look and resentencing laws in the U.S., with examples of legislation and court rulings.

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Federal Legal News 

…On the lighter side, and I quote:

The main purpose of the Criminal Justice System (at this time) was not to do justice, but to

• settle scores,  
• further political agendas, and
• create a lucrative federal bureaucracy.

In addition to,

• protect Americans from international drug-smuggling,
• sex-trafficking, and terrorism,

Except that these offenders make up a relatively small percentage of federal prison inmates.

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Your ETC and Early Release to a Residential Reentry Center (RRC) or Home Confinement are blocked; a possible solution is available.

A prisoner who filed for habeas relief to obtain his earned FSA credits was summarily released to a halfway house before the BOP could suffer an adverse ruling.

• See: Cory Ray Garcia, Petitioner, v. B. Eischen, FPC Duluth, Respondent. No. 24-cv-4106, (USDC MN). “Petitioner Cory Ray Garcia filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Garcia claimed that under the First Step Act of 2018 (FSA) the Federal Bureau of Prisons (BOP) should have applied ‘earned time credits’ to transfer him sooner from prison to a residential reentry center (RRC) or home confinement.
• On March 25, 2025, United States Magistrate Judge Shannon G. Elkins recommended that Mr. Garcia’s petition be granted, noting that his transfer to an RRC was scheduled for April 8th. The BOP transferred Mr. Garcia to an RRC in Utah on April 3rd, and now Respondent moves to dismiss this case as moot.” Let us assist you in your FSA matters.

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2255 Petitions. 

A successful ineffective-assistance-of-counsel case typically requires a defendant to show that their lawyer’s performance fell significantly below a reasonable standard and that this deficiency had a “reasonable probability” of changing the trial’s outcome. This principle is established by the landmark case Strickland v. Washington.

1. Examples of deficient performance: include:
   • Failing to investigate potential alibi witnesses;
   • Failing to object to inadmissible evidence;
   • Failing to present mitigating evidence in sentencing;
   • Misadvising the defendant about plea bargain options.
2. Example: In United States v. Singh, No. 24-3655 (6th Cir. 2025),

• • A physician was hired by staffing and telehealth companies to conduct “chart reviews” for patients in need of durable medical equipment (DME) like braces. She thought she was approving charts for patients already evaluated by other providers. However, the companies were later found to be defrauding Medicare by using physicians’ signatures to order DME and submit claims. The physician never examined the patients and wasn’t aware of the claims submitted or their amounts. Over three years, she earned approximately $78,000 for her work.

• • A grand jury indicted her on six counts of healthcare fraud under 18 U.S.C. § 1347. During the trial in the Northern District of Ohio, she was accused of defrauding Medicare by signing Durable Medical Equipment orders for unexamined patients. Testimonies from patients, Medicare investigators, and a physician—who wasn’t an expert—were presented. The court excluded the physician’s exculpatory statements. The jury found her guilty on all counts.

• • The Court of Appeals ruled that the district court erred by not instructing the jury on the defendant’s knowledge of her actions, excluding the physician’s statements, and allowing non-expert testimony. These errors were significant, leading to the vacating of the convictions and a remand for further proceedings.”

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8/25/2025

New Wardens In The BOP Future

BOP Director Marshall, III.
Having to confront a front-line Wardens publicly is both embarrassing and should send a chill throughout the BOP senior staff that the days of the unacceptable may be over. 8/18/2025
·       Why was he serving expired food that he wouldn’t eat?

During his and the Deputy Director’s fact-finding visits, 

Augmentation.  When general non-correctional staff (such as teachers and medical personnel) have to substitute as Correctional Staff.
Many prisons report shortages or expired food, medical care, and basic supplies, attributing continuous lockdowns and cuts to crucial programs, like drug treatment, to budget issues.

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From other announced and unannounced visits,

1. Inability and/or unwillingness of staff to properly place FSA and SCA time.
2. Widespread use of group punishment.
3. Seemingly institutionalized homophobia and racism exhibited by staff, as in not just a couple of bad actors.
4. Environment of something resembling a partial lockdown.
·       3 men to a room of roughly 80 square feet in violation of congressional mandate regarding housing space; they try to get around it by counting the total floor area of the unit.”

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The slowness in implementing his FSA Task-Force Mandate

– Identify individuals in Residential Reentry Centers (RRCs) eligible for home confinement.
– Manually calculate home confinement placement dates using both the FSA and Second Chance Act (SCA).
– Relay these dates to RRM offices to accelerate transitions and free up RRC bed space.
– Review incarcerated individuals for additional community placement opportunities.

As a result, on 8/28/2025, BOP Director Williams Released This Message;

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8-24-2025

PHONE CALL POLICY UPDATE:

• CHARGES ARE LISTED, PLUS,
• IF YOU ARE PARTICIPATING IN FSA [PA, OR EBRR], YOU’RE ENTITLED TO 210 EXTRA MINUTES PER MONTH.
• VIDEO EMBEDDED.

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Federal Legal News (FLN) 8/29/2025 – It’s Early.

Inbound email communication with inmates has faced strict limitations. One significant restriction is that non-profit organizations sharing current events or religious information are allowed to send only one email at a time. This limitation has forced some of these organizations to revert to traditional paper correspondence, which is an expense they cannot afford, while others have simply stopped communicating altogether.

Topics:

Education.  With staffing shortages, FLN still receives letters from some institutions where inmates are doing the teaching, which may not be all that bad, as there are some very smart people incarcerated.

Inmate Protection.  A 67-year-old inmate, being held with a charge of child pornography, was killed while he was at FCI Pekin. A former inmate faces a manslaughter charge (5/8/2025) in his death. Questions remain as to why he was bunked with any inmate, yet this particular one, and then left unattended for many hours in their cell.  

BOP Director Marshall’s “Stacking” Memo, issued in June. While not being ignored by all Case Managers, it is definitely being ignored by a significant number. Read below: Federal Legal News 8/18/2025

• From Elkton: The case manager mentioned that stackability applies only to FSA credits with SCA. He believes the statutes treat halfway house and home confinement as separate, but only allow 6 months in a halfway house while suggesting it’s a year.
• He mentioned that once we’re approved for a year and the warden signs off, case managers can’t resubmit for home confinement. Many are resisting the new policy. The warden clarified in a memo that under the 2nd Chance Act, we can receive either up to 12 months of HWH or 10% of our time, which equals 6 months of home confinement.

From a prisoner at Tallahassee; 

• Flooding in the triplex; the drains cannot handle more water.  
• The kitchen staff are upset that people are writing up all the expired foods, serving sizes that are not the correct size, feeding buddies full servings, only to give the next person half a serving.
• Leaks in all buildings, water simply running.  
• Now we are told there is not enough hand soap or tissue/Tampax pads.
• Classes are closed daily.
• Women here with open sores and undiagnosed rashes.
• Without medication for days, they are unable to meet anyone’s medical needs, as there are not enough medical personnel to carry the load or the expertise.
• We all agree, Alligator Alcatraz looks like heaven compared to Tallahassee. (FYI: the grass isn’t always greener…) 

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Prison Policy Initiative, 8/25/2025

New report, Youth Confinement: The Whole Pie 2025, shows racial disparities in youth confinement worsening as total numbers go down

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Over the past 25 years, youth confinement in the U.S. has decreased by over 70 percent, a significant improvement compared to the adult criminal system, which has seen little change.

However, the U.S. still confines youth at more than twice the global average, and the juvenile legal system reflects many troubling aspects of the adult system.

• Severe racial disparities. 
• Large numbers of youth are held pretrial or for minor offenses.
• Prison-like conditions.

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8-18-2025

Video Message from the Director – Doing the Right Thing

• Doing the right thing shouldn’t need a manual; it just requires social skills and character.
• The ‘feel-good video’ needed to be made, but it shouldn’t have required the time and oversight from BOP Director Marshall III.
• The staff are hard-working, face pay cuts, excessive overtime, lack respect from superiors, feel the stress from inmates, and receive inadequate training for their roles.
• President Truman’s phrase, “The buck stops here,” reflects the responsibility of leadership that Director Marshall follows.

Having to confront a front-line Warden publicly is both embarrassing and should send a chill throughout the BOP senior staff that the days of the unacceptable may be over. Time will tell.

• “The buck stops here” would be refreshing if we saw it in use at The Resolute Desk.

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Heat Incident Questions To BOP Director Marshall, 8-11-2025

Director Marshall III has a lot on his plate. His recent video (8/18/2025) included a conversation he had with a member of his senior staff: why was he serving expired food that he wouldn’t eat?

• Dealing with Heat as a component of  Climate Change, and Infrastructure…
• Ensuring his Wardens comply, 
  • Providing for the health of their staff and inmates may be questionable, or too much to expect?
  • But, we can be hopeful.
  • My Comments In The Upper Right Of The Letter.

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Federal Legal News 8-18-25

CONFUSION STILL RULES THE DAY, 7 YEARS AFTER THE LAW WAS PASSED.

Case Managers: Regarding the processing of prisoner release dates.

DOJ attorneys representing the Bureau: as to current BOP policy allowing for the “stacking” of credits for both FSA and SCA, and

• continue to quote language from the SCA limiting halfway house/home confinement to 10% of your sentence,
• when there is absolutely NOTHING in FSA that limits the amount of home confinement that you can receive. 

Result: it may be that for most who are eligible for home confinement, you’ll first have to go to a halfway house, so that US Probation can properly process them.

A reader’s personal experience trying to get an accurate release date:

 “I was called in to the Case Manager’s office a few minutes ago to discuss my sentence miscalculation issue.  

The  Case Manager told him that DSCC had emailed him, advising that recalculation issues are more appropriately handled at the institution level (?).                                                                                  

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Remember that Director Marshall’s FSA Task Force has already begun solving this issue.

• 8/1/2025: BOP Message from Director William K. Marshall III
• 7-15-2025: Director Marshall Visits FCI Sandstone and FPC Duluth (2)
• 7/14/2025: FSA Task Force – BOP_ Director Marshall
• Example of One BOP Facility WHO GOT THE MEMO: R– – FSA
  • Please send me a ‘Nameless’ copy of yours – if your facility has got it right. Thank you!
• 6-17-2025 Directive to Fully Implement First Step Act
• Second Chance Act of 2007: SCA SECOND CHANCE ACT STATUTE-122-Pg657

Continuing:

Approximately three weeks ago, the individual sent a request to the DSCC Team, specifically to FSA Task Force, Rick Stover, in Grand Prairie, Texas, asking for the new task force to manually calculate my FSA credits through to my Projected Release Date. (PRD).  This is precisely what the TASK-FORCE was created to do!!

• I included exhibits of my last few FSA Time Credit Assessment sheets as exhibits.  
• Today, DSCC forwarded my request to the prison Warden’s Office, who forwarded the request to my Case Manager.
• The Case Manager, confused, typed an objection to DSCC because FSA FTC calculations are only done at the DSCC Regional Office, and
  • that Case Managers have no authority or ability to recalculate FTCs at the institution level.  
• I thought Rick Stover and the FSA Task Force were supposed to be handling this issue? 
  • You Are Correct. Please See Memos Above.

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My Takeaway:

1. Another option:

2. Bop.gov

3. https://www.bop.gov/contact/

4. Pick: Report a concern

5. Inmate or Staff Misconduct Concerns

6. Next:

7. Select Type

8. Email (yes, this should be done by a loved one outside of prison – not you inside.)

9. Pick the prison

10. Enter the topic: BE 100% ACCURATE

In the box, describe that Director Marshall’s Memos aren’t being followed by his staff, and in the space below, be specific

Mail Return Receipt

To: Dir. Marshall III
Federal Bureau of Prisons
320 First St., NW
Washington, DC 20534

Phone: (202) 307-3198

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Sizzling Hot, Drugs and Sex at the BOP – Update for August 19, 2025, lisa-legalinfo

BOP Unions Continue ‘Drug Poisoning’ Drumbeat: 

Marc Fischer—a longtime mailroom supervisor at U.S. Penitentiary, Atwater and former Coast Guard member—lost his life after being exposed to contaminated mail,

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Since then, nothing has changed. Dangerous substances continue to pour into federal prisons weekly, and staff are left to fight this epidemic with outdated technology and little support from the Bureau.”

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FCC VICTORVILLE, CA, UNITED STATES, April 13, 2025.

Ten staff members at FCC Victorville suffered exposures over a four-day stretch.

In a separate report, WDTV reported that 5 FCI Hazelton employees were taken to the hospital last Wednesday morning, according to the BOP, after being exposed to drugs. The report said, “Any time fentanyl or carfentanil is found, the officers are being sent to the hospital as a precaution…”

• WTTV, Federal Prison Staff Still at Risk as Drugs Continue Flooding Through the Mail (August 13, 2025)
• WDTV, Multiple FCI Hazelton employees exposed to carfentanil for 4th time this week (August 11, 2025)

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8-11-2025

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A key provision driving Medicaid cuts is the introduction of work requirements, which are scheduled to take effect in late 2026. Adults over 19 must demonstrate 80 hours of employment or community engagement each month and recertify every six months to maintain coverage.

Critics, including legal experts like Michigan law professor Mira Edmonds, argue this disproportionately affects formerly incarcerated individuals, who face a 27% unemployment rate due to stigma and systemic barriers. Many struggle to find stable work, making it challenging to meet the new requirements and risking their access to essential healthcare.

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Federal Legal News

(USSC) The 2025-26 amendment cycle.

 “Providing courts with additional guidance on selecting the appropriate sentencing option (e.g., imprisonment, probation, or fine);

• Further examination of the penalty structure for certain drug trafficking offenses, methamphetamine, and fentanyl.
• Examination of whether the fraud guidelines appropriately reflect the culpability of a defendant and harm to victims.
• Continued exploration of ways to simplify the Guidelines.
• Examination of whether the Guidelines provide appropriate adjustments for good behavior.
• Examination of offenses involving sophisticated means; and
• Review the human smuggling guideline to ensure it considers various factors. The Commission will also prioritize new laws, resolve circuit conflicts, and assess the effectiveness of the Bureau of Prisons in meeting sentencing purposes.

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(See RDAP sentence reduction disqualification, limiting Second Chance placements, interpreting offenses that the Supreme Court has said are non-violent as violent, making it impossible for medium and high security prisoners to earn FSA sentence credits, etc.) 

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THE PRESIDENTIAL PEN. 

The administration, starting with the J6s, has turned the dysfunctional clemency process on its head. 

• Approximately 21,304 individuals are currently detained for non-violent immigration offenses, which constitute 34.7% of the federal system. Notably, around 20,000 would be willing to return to their home countries voluntarily, at a significant cost savings to us, and it would be more humane for them.

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FAST TRACK DEPORTATION OPTIONS

• 3-2025_7 FAM 480 INTERNATIONAL PRISONER TRANSFER PROGRAM
• Fact Sheet_ Rapid REPAT
• Justice Manual _ 9-35.000 – International Prisoner Transfers
• Notice from September 23, 2003, United States Sentencing Commission
• The Institutional Hearing and Removal Program for Federal Inmates

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The PEN could also help some of the 8,000 veterans in federal custody for non-violent drug-related offenses, many of whom are elderly or struggling with mental health and substance abuse issues, and are not receiving adequate medical care.

• S.2372 – VA MISSION Act of 2018, signed into law by President Trump in 2018, if properly applied, could spare the BOP the expensive task of properly treating these individuals and transfer them to the care and custody of probation and the VA.
• The Problem – HE HAS FIRED EVERYONE IN THE VA. THERE’S NO ONE TO ANSWER THE PHONE – IN A REASONABLE AMOUNT OF TIME.

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Lawful Permanent Residents

The BOP can limit or cancel Residential Reentry Center placements for non-US citizens (Lawful Permanent Residents), regardless of Federal Sentencing Guidelines and Sentencing Commission eligibility.

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Alderson Federal Prison Camp

“Today, 08/7/25, at 11:30 am, there was a town hall meeting, the topic was about the new 24/7 video that is available for the staff to watch during the town hall meeting. (Perhaps someone should reach out to Director Marshall III?)

The Results.

• No inmates’ dates will be changing
• At their teams, they will get an updated assessment sheet
• The only change on the sheet says they will be able to have a new home detention availability date. 
• The new date does not mean that you will be going home on that date.
• It depends on the resources that are available in your city and state, where you are transitioning to.
• The bucket days will be capped at 760 days, and if any one sentence is pre-calculated for more time, they will have to lose those days because they cannot be accommodated for those days in the halfway house.”

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Derek Gilna, Director of Research, JD (De Paul Law School, 1975), MARJ (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com or Spanish; federallc_esp@yahoo.com

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Heat’s Deadly Impact

The lawmakers also raised concern over the current state of BOP personnel and infrastructure, discussing how that may impact the Bureau’s ability to respond to extreme heat in federal prisons: 

“Several reports, including one conducted by the U.S. Department of Justice Office of the Inspector General, emphasize the ongoing crisis BOP facilities face due to severe staffing shortages and deteriorating infrastructure.  

Aging infrastructure poses significant risks to facilities lacking proper air-conditioning systems, which are critically important in preventing serious health issues associated with extreme heat. Staffing shortages limit staff capacity to mitigate extreme heat issues, making those with medical and mental health conditions that are exacerbated by high temperatures more vulnerable to heat-related illnesses or deaths.”

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Climate Change Is Even More Severe on Those Incarcerated With Medical Illnesses

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8-6-2025

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News Release, August 6, 2025

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ALLENWOOD LOW

Certification of the VT barbering program through the Pennsylvania State Board of Barber Examiners, launched in April 2023.

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The Medical Center for Federal Prisoners (MCFP) in Springfield, Missouri, operates the only prosthetics lab of its kind within the federal prison system.

• They fabricate and repair prosthetic and orthotic devices entirely in-house using materials such as thermoplastics and carbon fiber laminate.
• Telemedicine: Can Expand Access and Streamline Care
• Its Broader Impact can be on a person’s Rehabilitation and Reentry, as the training involved is through a rigorous 8,000-hour apprenticeship program.

THE CAVEAT: AS THE BOP IS SHORT STAFFED, AND EVERYONE IS LOOKING AT THE FSA/SCA ETC TASK FORCE, IF THE PATIENT’S PROSTHETIC PRESCRIPTIONS DON’T COME IN…

• Time will tell, as this program has been here for 20 years.

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In A Major Shift, Judges Now Openly Distrust Government Lawyers

The traditional bonds of trust—referred to in legal terminology as the presumption of regularity- extend far beyond the harsh labels judges have used, such as “egregious,” “brazen,” and “lawless,” to characterize the different facets of Trump’s aggressive pursuit of power.

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Doubts raised by judges about the department and its representatives can significantly affect court operations. Law professor Stephen I. Vladeck noted that the credibility of the government is essential for the legal system to function effectively. Without this credibility, it becomes harder for the government to handle even routine matters in court, leading judges to question decisions they would have previously accepted.

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In recent weeks, many judges have voiced skepticism about the honesty and credibility of Justice Department lawyers. A notable instance occurred in June when Magistrate Judge Zia M. Faruqui criticized prosecutors for seeking “highly deferential” compliance to keep a search warrant sealed. He rejected this notion, declaring, “Blind deference to the government? That is no longer acceptable. Trust that has taken generations to build has been shattered in mere weeks.”

MY COMMENT. This sentiment is bound to spill over into criminal cases, where having great defense counsel is crucial. 

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Federal Legal News 8-4-25

One prisoner shared, “I received my halfway house date, which I’ve had since last November, after finalizing my travel plans and completing my thumbprint. Then I found out I lost my date due to a lack of bed availability.” Practically, it could take a while (up to a year?) to fully implement and get a “buy-in” from BOP staff.

• At a time when the BOP struggles to stock its prisoner-funded commissary, provide adequate medical care, and provide toilet paper, it will, sadly, not be able to correct your release date, forcing you to stay in prison longer unless you seek judicial intervention.

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In a case brought to my attention by a reader, the BOP incorrectly based its disqualification on an enhancement, rather than one of the enumerated disqualifying offenses specified in the FSA.

• “Petitioner pled guilty to Possession with Intent to Distribute Fentanyl but specifically did not plead guilty to a count charging “that death or serious bodily injury resulted from the use of such substance… the mere existence of an enhancement did not convert his conviction to one for an offense under the portion of 841(b)(1)(C) referenced in 18 USC Section (d)(4)(D)(1viii…. “Citing Lallave v. Martinez, 635 F. Supp. 3d173 (E.D.N.Y. 2022) dealt directly with this issue. The BOP eventually agreed and granted Petitioner his credits. In noting this, the court stated, “Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On August 9, 2024, Petitioner filed the instant habeas petition. (Doc. 1.) On November 6, 2024, Respondent filed a motion to dismiss the petition. (Doc. 10.) Respondent seeks dismissal because Petitioner was granted the relief he sought, to wit, the BOP has deemed him eligible to earn and apply First Step Act time credits to his sentence.” Note that the successful Petitioner filed more than FIVE YEARS before his outdate.

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This week’s Sentencing Committee vote focuses more attention on the Methamphetamine changes that both scientific studies and numerous court decisions have shown are long overdue.

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My Opinion

The street mixing of these analogues has dramatically intensified their medical impact, making it a critical issue that cannot be ignored.

• Xylazine HCL (only for Veterinary use), but is now mixed with Fentanyl, called TRANQ Dope, further mutating to POLYDRUGS.
• Policing the most significant drug market on the eastern seaboard: officer perspectives on enforcement and community safety.
• The urgent need for congressional action on illicit Xylazine
• The BOP has its Manual for Detoxification of Chemically Dependent Inmates, judge for yourself. Page #14, 9. OPIATE WITHDRAWL

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8-1-2025

Epstein victims claim ‘Cover Up.’

Ghislaine Maxwell has been transferred to a less restrictive, minimum-security federal prison camp in Texas, FPC Bryan. According to a Bureau of Prisons policy (Chapter 5, Page 12), people with a sex offender determination known as a “public safety factor” are required to be housed in at least low-security prisons unless they receive a waiver from an arm of the bureau that designates inmates. 

The rest appears to be routine. After meeting with Deputy Attorney General Todd Blanche in Florida,  he reports to his leadership, Attorney General Pam Bondi. After this, BOP Director William Marshall III is brought into the loop, and the rest is history. However, please note that this is not the typical process for determining an inmate’s eligibility for a lower security prison.

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A Message From BOP Director William Marshall III, Overview;

• The updated Time Credit Application Program tool has integrated the First Step Act and Second Chance Act to provide home confinement placement dates.
• BOP staff now have 24/7 access to a training video on maximizing home confinement under the First Step Act and the Second Chance Act.
• This video training ensures that all case managers, whether experienced or new, accurately interpret dates, verify eligibility, and effectively utilize the capacity of halfway houses.
  • The Caveat. This is one more job for case managers, as the system is still understaffed, and for some, their plate is full.
  • Augmentation. When general non-correctional staff (such as teachers and medical personnel) have to substitute as Correctional Staff.
• Those who neglect their responsibilities will be held accountable. I won’t let the hard-working 99% be overshadowed by the few who fail to do their jobs.

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Rick Stover, Senior Deputy Assistant, Will the First Step Task Force Make A Difference?

FIRST STEP TASK FORCE FINDING ITS FOOTING

Rick Stover, Senior Deputy Assistant Director of the Federal Bureau of Prisons’ Designation and Sentence Computation Center (DSCC), stated that the task force has begun evaluating prisoners now in halfway houses, who could be transferred to home confinement (because the BOP’s computer program currently cannot calculate these dates once inmates are released [to] halfway houses” ) for them to receive the full benefit of “stacking.” 

Another significant difference here is that Director Marshall was put in a position where he knew he had to make a decision, and he did!

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7-28-25

Federal Legal News 

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FPC Alderson

“My Case Manager isn’t following the latest memo from the Director. My main issue is the unit team giving me the runaround about the Home Confinement Expansion directive. They claim they’re correctly filing paperwork to the RRM/RRC, but if there’s no availability in the halfway house, why not consider home confinement? …we’re being kept away from our families longer than necessary.” 

FPC Canaan

“My case manager mentioned that due to the new FSA Taskforce, the regional response and BOP director Marshall’s directive state that individuals placed in home confinement will only receive 6 months under the SCA, instead of the potential 365 days…”   

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Derek Gilna, Director of Research, JD, Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo or in Spanish; federallc_esp@yahoo.com.

 

____ The Process – An Overview ___

To get Good Time Credit, you must either have the following; 

• 54 days of credit against EVERY YEAR – UP FRONT YEARLY..
• Earned your GED or, 
• Made satisfactory progress toward reaching your GED and 
• Avoid disciplinary infractions.

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First Step Act (FSA)

• The program allows up to 365 days of earned time credits (ETC), which will apply to early release

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RDAP

• Time off Sentence with RDAP
  • sentenced > 36 months, you may receive up to 12 months off the sentence.
  • Sentenced> 30 months, you may receive up to 9 months off the sentence.
  • Sentenced> 24 months, you may receive up to 6 months off the sentence.

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Second Chance Reauthorization Act (SCA)

No one can be released to HC for more than 10% of their sentence, with a maximum of 6 months, whichever is shorter.

If an individual has,

• An established release plan and
  Does not need the services of a Halfway House, and
  Has a 60-month sentence,
  That individual cannot receive more than 180 days of home confinement.

Or,

• • If your sentence is > 60 mo (5 yrs) = last 6 mo on home confinement.
  • If your sentence is < 60 mo (5 yrs) = last 10% on home confinement.

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7/21/2025

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Federal Legal News 7/21/2025

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FCI Sheridan,

The newest Prison to Embrace Censorship is blocking prisoner access to Federal Legal News.

• To get medical care, an inmate was left to fake a suicide attempt to get seen.
• Correctional officers are working mandatory overtime, leading to exhaustion, and healthcare workers and educators are being asked to perform tasks for which they were not hired, according to Michael Horowitz, the Justice Department’s Inspector General.
  

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FSA Task Force

Director Marshall initiated a task force at the Designation and Sentence Computation Center (DSCC) to help the Bureau’s Residential Reentry Management (RRM) offices by manually identifying and correcting community placement dates. This aims to ease the workload on institution staff and expedite the transfer of eligible inmates to community confinement. The task force will:

– Identify individuals in Residential Reentry Centers (RRCs) eligible for home confinement.
– Manually calculate home confinement placement dates using both the FSA and Second Chance Act (SCA).
– Relay these dates to RRM offices to accelerate transitions and free up RRC bed space.
– Review incarcerated individuals for additional community placement opportunities.

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While at FCI Bryan, inmates were informed that a June 17, 2025, policy directive from Director William K. Marshall regarding FSA and SCA would be ignored. Town halls indicated that the bulletin on home confinement and prerelease placement is invalid due to a lack of signature and BOP approval. The Unit Manager stated that home confinement dates will only consider actual dates, disregarding earned credits and community readiness, and dismissed inmates’ concerns about reporting issues. Fearing retaliation, the women are requesting an investigation into these matters. DIRECTOR MARSHALL, IT APPEARS THAT PARENTAL SUPERVISION IS NEEDED AT FCI BRYAN, AS THE UNIT MANAGER MAY NEED A ‘TIME OUT.’

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The BOP still relies on a DOSS (really ?) -based system that requires manual calculations for sentence credits, even in 2025. Many unit team members prefer the outdated, decentralized system, allowing wardens to manage prisons with little oversight. Although there are dedicated Bureau employees, changing this culture of unaccountability will take time. In the meantime, we are here to assist you with the new Director’s Memos for 2241 petitions, which will be essential for months or years to come.

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UNDOCUMENTED?

The BOP agrees that you are entitled to FSA credits for earlier release, even with an ICE detainer. However, it often assigns a “Public Safety Factor” administratively to prevent you from being transferred to a halfway house.

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Derek Gilna, Director of Research, JD,  Federal  Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo or in Spanish; federallc_esp@yahoo.com.

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7/20/2025

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Newsletter to Federal Prisoners

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SENTENCING COMMISSION HOLDS GUIDELINE RETROACTIVITY HEARING

The Federal Defender Sentencing Guideline Committee made the case bluntly:

If there was ever a time for the Commission to make ameliorative guideline amendments retroactive, it is now. The reality is simple, indisputable, and unacceptable: the [BOP] is unable to humanely and safely hold the people in its custody… The BOP is in the midst of multiple, self-described crises, which are decades in the making and from which the BOP has neither the plan nor the means to escape.”

A retroactivity decision will come next month.

US Sentencing Commission, Public Hearing on Retroactivity (Jul 16)

Federal Public Defenders, Comment on Possible Retroactive Application (Jul 16)

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7/15/2025

Compassionate Release Rulings – Update

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1st. The 4^th Circuit ruling first: Richard Smith has served about half of his 504-month  crack cocaine conspiracy and stacked 18 USC § 924(c) sentences. He filed for compassionate release, citing his advanced age, poor health, rehabilitation efforts,  and the disparity between his current sentence and the one he would receive for the same conduct if sentenced today.

The district court found that there were “extraordinary and compelling reasons” to grant the compassionate release motion, but in weighing the 18 USC § 3553 factors, the court concluded that “[r]eleasing Smith would not reflect the seriousness of the offense conduct, promote respect for the law, provide just punishment for the offense, or deter criminal conduct.” 

The 4th Circuit reversed the district court’s decision and instructed that Dick be allowed to go home. It ruled that the sentence disparity from the First Step Act‘s elimination of “stacked” mandatory minimums under §924(c) can be considered an “extraordinary and compelling reason” under § 3582(c)(1)(A)(i). This suggests that the Sentencing Commission’s compassionate release guideline 1B1.13(b)(6) is lawful. The Supreme Court will soon decide whether this guideline oversteps the Sentencing Commission’s authority in Rutherford v. United States.

2nd.  The Circuit found that the district court’s summary of the §3553 factors overlooked that they favored Smith’s release. At 71, Smith suffers from multiple serious health issues, making him totally disabled and posing no recidivism risk. He has had only two minor infractions in 20 years and has actively engaged in vocational and drug treatment programs. The court criticized the district’s view that a reduced sentence wouldn’t deter crime, noting that Smith will have served nearly 25 years of his 42-year sentence by the time of his release, which already serves as a significant deterrent.”

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FORMER BOP INMATE – NOW BOP DEPUTY DIRECTOR

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7/14/2025

New initiative to Tackle Delays, Equip Staff with the Tools to Deliver Timely FSA Results.

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OVERVIEW.

1. Identify individuals currently in Residential Reentry Centers (RRCs) who are eligible for home confinement; 
2. Manually calculate home confinement placement dates that “stack” both the FSA and Second Chance Act (SCA); 
3. Relay those dates to RRM offices to accelerate transitions and free up RRC bed space;
4. Review eligible incarcerated individuals inside institutions for additional community placement opportunities.

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7-14-2025,

Federal Legal News  – At The Same Time, At…

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FPC Bryan, Texas:

Case Managers are still using the outdated system, pressuring prisoners to sign for halfway house dates before their eligibility is assessed correctly, even for those eligible for home confinement. The Warden stated the new mandate doesn’t apply, and Unit Teams claim they’re awaiting direction from RRM-Grand Prairie. One Unit Team Manager even said that dates wouldn’t change, so inquiries are pointless. Hope you retain your current date instead of losing it.

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FCI Milan:

“I was also told (by my case manager that ‘there was no such guidance coming from the bureau, and if there was, it’s not our business’). The higher-ups here stated, ‘Yeah, well, the BOP only put that memo out to shut Congress up, but there is no such change.’”

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FCI Coleman, LOW

Deputy Joshua J. Smith,
He did a rare, largely unescorted tour of Coleman, where he listened to prisoners’ complaints without staff interference. These were just some of the complaints:

1. Inability and/or unwillingness of staff to properly place FSA and SCA time.
2. Widespread use of group punishment.
3. Seemingly institutionalized homophobia and racism exhibited by staff, as in not just a couple of bad actors.
4. Environment of something resembling a partial lockdown.
5. Almost total lack of rehabilitative training. Our only vocational classes that are regularly in use are horticulture and culinary, and I have been on both waiting lists for over five years, for example.

• • 3 men to a room of roughly 80 square feet in violation of congressional mandate regarding housing space; they try to get around it by counting the total floor area of the unit.”

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‘CHANGING A CULTURE’ WITHIN THE BOP.

IMPLEMENTING THESE CHANGES – SOUNDS EASY. WHAT IF NO ONE’S LISTENING?

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THE FULL BENEFIT OF THE FSA AND SCA IS TRIGGERED WITH SENTENCES OF OVER 74 MONTHS  

(UNDER AND OVER 60 MONTHS, COULD BE INFLUENCED BY YOUR ADVOCACY)

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7-7-25 Federal Legal News

The Bureau restricts the sharing of First Amendment-protected information (such as email) with prisoners from charitable, religious, and legal sources. It’s disappointing that a transparent administration would block news that helps isolated prisoners connect with the outside world.

From: admin@corrlinks.com
Date: 7/7/2025 1:55:09 PM
Subject: Messaging Policy Change

Message,
The Bureau of Prisons has instructed CorrLinks to ensure that each message is sent exclusively to one BOP inmate. This does not prohibit you from communicating with multiple inmates, but messages must be sent to only one BOP inmate. This also means BOP inmates cannot be in an inmate group. The change will be effective July 9th morning.

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• Many prisons report shortages of food, medical care, and basic supplies, attributing continuous lockdowns and cuts to crucial programs, like drug treatment, to budget issues. These problems intensified after the election and the cancellation of “retention pay” bonuses.
• Mismanagement and potential fraud in the Bureau are clear, with some staff worsening inmate discomfort amid salary cuts and changes to sentence reductions. If inmate necessities are underfunded, why are there new soft-serve ice cream machines in employee canteens?
• The Director must quickly address this issue. The Central Office should collaborate with the Attorney General to educate staff on not defending violations of the FSA and SCA, ensuring prosecutors understand that prisoners can be held accountable for constructive activities and good behavior.
• Inmates shouldn’t take everything their case manager says at face value. It’s important not to let your case manager delay your release date, as they’re responsible for calculating sentence credits. If they experience difficulties,  their families can contact Washington, and inmates can start the Administrative Remedy Process.
• The Director’s newest memos, which summarize the law that should have been followed over the past four years, are not optional. Don’t wait to file your remedies.

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MY TAKEAWAY: UNTIL GRAND PRAIRIE, TX., CASE MANAGERS AND WARDENS FOLLOW DIR. WILLIAMS III 6/17/2025 MEMO.

ENSURE YOUR

PRESENTENCE REPORT, RELEASE PLAN, AND DAILY ROUTINE ALL FOLLOW THE SAME GOAL

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FOR MEDICAL COMPASSIONATE RELEASE

Remember, since the 2023 Guidelines went retroactive,

• • The grounds for compassionate release to extract you from this medical nightmare have greatly expanded. Among the grounds for compassionate relief are:

Rehabilitation,

• • Serious physical or medical condition 5410.01, (USSG §1B1.13(b)(1)(B)),
  • Terminal illness (USSG §1B1.13(b)(1)(A)),
  • Family circumstance – care for minor/disabled child (USSG §1B1.13(b)(3)(A)),
  • COVID-19/pandemic (USSG §1B1.13(b)(1)(D)) ,
  • Multiple 18 U.S.C. § 924(c) penalties (stacking),  

Career Offender issues,

• • Other mandatory minimum penalties/long sentence,
  • Family circumstances – care for parent (USSG §1B1.13(b)(3)(C)),
  • Extraordinary and compelling (not specified, 21 U.S.C. § 851 enhanced drug penalties, unusually long sentence (10 or more years), and change in law (USSG §1B1.13(b)(6)),
  • Mandatory nature of the guideline at sentencing,
  • Bureau failure to provide treatment (USSG §1B1.13(b)(1)(C)),
  • Guideline amendment (not yet in effect),
  • Deteriorating physical or mental health due to the aging process (USSG §1B1.13(b)(1)(B)),

Age 65 and deteriorating health and served 10 years/75% (USSG §1B1.13(b)(2)),

• • Nearly meets the requirements of USSG §1B1.,
  • Safety Valve disqualification,
  • Family circumstances – care for other immediate family member (USSG §1B1.13(b)(3)(D),
  • Abuse by correction officer/BOP contractor (USSG §1B1.13(b)(4)), and other unspecified.

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Here are just a few cases (predating the Guidelines change), that support that form of relief, which we would be happy to work with you on.  

See:

• • United States v. Howell, 2020 WL 7260740, at *1 (D. Colo. Dec. 10, 2020), where a family member has stage IV cancer, and the mother of the children cannot help;
  • United States v. Bryant, 2020 WL 6686414, at *1 (E.D. Wash. Nov. 12, 2020) where the defendant had, Ankylosing Spondylitis, an inflammatory disease, a deformed spine, had to take Humira, which is an immunosuppressant, had an immune system weaker, with his mother at home suffering from dementia;
  • United States v. Morrison, 2020 WL 6806765, at *1 (D. Nev. Nov. 19, 2020), where children, 15 and 16, have severe medical conditions, and the current caregiver was a 60-year-old mother with a bad back.
  • United States v. Collins, 2020 WL 3971391, at *1 (D. Kan. July 14, 2020), where in addition to being a diabetic and Hep C patient, the defendant’s husband is sick and incapacitated.
  • United States v. Osborne, 2020 WL 3958500, at *1 (W.D. Va. July 13, 2020), where the defendant has Lupus, and the defendant’s mother is 70 years old, suffers from cardiac disease, COPD, diabetes, is on oxygen, and needs daily assistance from a caretaker.

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Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com   @yahoo.com (English newsletter and ALL inquiries, English or Spanish); federallc_esp@yahoo.com

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6/30/2025

Walter Pavlo, a writer for Forbes.com,

Recently conducted an exclusive interview with the newly appointed Bureau of Prisons (BOP) Director, William Marshall III. Marshall told me, “…We intend to fully implement the First Step Act (FSA), something that will be part of this president’s legacy on criminal justice reform.” 

Under the First Step Act (FSA), eligible inmates can earn up to 15 days off their sentence each month, with a maximum reduction of one year, and accumulate an unlimited number of days toward home confinement.

However, implementation has faced challenges, including computer issues that affect sentence calculations and a need for more precise guidance for case managers. Feedback from inmates and families indicates uncertainty, with signs on case managers’ doors reflecting this lack of information.

To address these issues, our Washington office is prepared to offer support. Case managers are encouraged to reach out with questions, and we will soon host a national training event to provide comprehensive guidance. It’s essential for everyone to actively participate to strengthen our Agency and achieve our goals.“

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7/3/2025

From an RRC or Halfway House (HH)

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7/2/2025

From: LISA LEGAL (WHERE THE RUBBER MEETS THE ROAD) and Federal Legal News 6-16,30-25

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William K. Marshall III promised that his new policy “ensures that FSA Earned Time Credits and SCA eligibility will be treated as cumulative and stackable, allowing qualified individuals to serve meaningful portions of their sentences in home confinement when appropriate.”

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Not exactly…
Instead, it directs that “[]n addition to FTCs for those individuals who have earned less than 365 days of FTCs, staff must also consider adding up to an additional 12 months of prerelease time under the SCA, based on the five-factor review.”

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6/17/2025

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At one camp, the Unit Manager informed individuals who had waited for hours that there was no memo regarding changes, despite having previously acknowledged its existence. The manager requested not to be disturbed.

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“I’m set for release in four months due to time credits, but I still owe over 200 days from the COVID transit period. My case manager mentioned home confinement for eligible inmates but dismissed it, saying, ‘I won’t act until I get directives from Central Office.’ This attitude keeps us in limbo.”

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Alderson can be one of those failing to properly apply FSA and SCA sentence credits.

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Individuals with less than 365 days of FSA time credits toward supervised release may have their pre-release time extended by up to 12 months under the SCA. This extension should be based on a careful five-factor review of each case.

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Unfortunately, despite what the Director said, people who have more than 365 FTCs to be used toward prerelease custody will likely not receive any SCA time whatsoever.

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Prisoners need to serve at least 74 months to earn over 365 FTCs for halfway house or home confinement eligibility. Ironically, those with the longest sentences benefit the most from this but may be denied access. This inconsistency reveals a flaw in the system that undermines fairness and the rehabilitation process.

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The issue is that, despite the claim that time is “cumulative and stackable,” a five-factor review for someone already serving 12 months in a halfway house under the FSA is unlikely to find additional time necessary. This raises concerns about their opportunity to adjust for successful reentry.

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Second Chance Act of 2007: Community Safety Through Recidivism Prevention.
42 USC 17501

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