Criminal Case, Dr. M Blatstein's Blog, Home Confinement, White-Collar

EARLY RELEASE TO HOME CONFINEMENT. ARE YOU ELIGIBLE?

---

THE DEVIL IS IN ‘YOUR PREPARATION’ FOR YOUR PRESENTENCE INTERVIEW. 

---

---

---

Restitution Under the MVRA Is a Criminal Penalty

There May Now Be Hope.

1/20/2026

The Supreme Court unanimously ruled that mandatory restitution under the Mandatory Victims Restitution Act (MVRA) is a form of criminal punishment, subject to constitutional limits such as the Ex Post Facto Clause. In Ellingburg v. United States, the Court determined that MVRA restitution is tied to criminal sentencing and offenses, enforcing it as criminal. Consequently, governments cannot retroactively increase past restitution orders with compounded interest under new laws, treating it like other criminal penalties.

Important Features of the Ruling:

Criminal, Not Civil: The Court clarified that, despite its goal of victim compensation, MVRA restitution serves as a criminal penalty.

Ex Post Facto Clause: Due to its criminal nature, it is subject to the Constitution’s prohibition on applying harsher penalties retroactively, which affects cases with accumulating interest.

Statutory: The MVRA states that restitution serves punitive purposes and is included in Title 18. “Crimes and Criminal Procedure“.

Implications: This ruling may affect many defendants with older restitution orders, preventing governments from significantly increasing their financial obligations long after their offenses.

v

><

d

*

Supreme Court Separates 924(c) and (j)

January 15, 2026

THE ACT. Dwayne and his gang, the “Crew,” carried out at least eight robberies where they targeted convenience stores and illegal cigarette vendors selling untaxed, smuggled cigarettes, as these victims often couldn’t file police reports.

THEN THE UNEXPECTED (?) HAPPENED. During one robbery, Dwayne and his Crew shot Mr. Dafalla to death after he threw $10,000 in sales proceeds out of the moving vehicle. Dwayne was convicted of Hobbs Act robbery and conspiracy, as well as several 18 USC §924(c) counts for using guns to commit the robberies (crimes of violence under § 924(c)).

Sentenced to 90 years in prison, was later reduced to 50 years based on three Hobbs Act robbery counts. The  § 924(j) – believing that § 924(c) and § 924(j) were not separate offenses that could be punished cumulatively – merged into the § 924(c) conviction.

 Double Jeopardy. Treating § 924(c) and § 924(j) as the same offense. The Second Circuit, however, rejected the District Court’s position that the Double Jeopardy. The 5^th Amendment’s Double Jeopardy Clause provides that no person shall “be subject for the same offence to be twice put in jeopardy

Gorsuch argued in his concurrence that the Supreme Court has been inconsistent about double jeopardy. He noted that the Court has stated the clause “protects against multiple punishments for the same offense,” suggesting Congress shouldn’t allow multiple convictions for the same offense in concurrent prosecutions. However, he pointed out that the Court has also indicated that in such contexts, the clause directs courts to accurately determine statutory meaning.

..the court will someday need to resolve that “tension.”

Barrett v. United States, Case No. 24-5774, 2026 U.S. LEXIS 433 (January 14, 2026)

Blockburger v. United States, 284 U.S. 299 (1932)

The National News Desk, Supreme Court limits dual charges in overlapping gun statutes (January 14, 2026)

~ Thomas L. Root

l

><

o

o

WATCH THE 3-MINUTE VIDEO. Lockdowns are increasing nationwide, causing anxiety for families with incarcerated loved ones. These lockdowns can last weeks or months, leading to uncertainty and fear. During a lockdown, conditions mirror solitary confinement, with individuals confined to their cells for up to 23 hours daily. They lose access to medical care, exercise, programming, and communication with family. Lockdowns have been linked to higher rates of drug use, sexual abuse, and suicide. Many prison systems lack oversight and reporting requirements, leaving families in the dark during lockdowns.

K

l

><

H

IMMIGRATION DETENTION – OUT OF CONTROL

YOU’RE NOT SAFE: IMMIGRANT, GREEN CARD, OR US CITIZEN

1-14-2026

><

j

FEDERAL LEGAL NEWS (FLN)

1-19-2026

Presidential Pardons;

• Still, many case managers cite “full” halfway houses as justification to deny home confinement, keeping people incarcerated past their eligibility dates, despite the fact that they have a US Probation-approved address to release to. 
• The BOP’s medication-assisted treatment Program is unreliable, making expectations of access a false hope for those entering prison. Staff sometimes chose to place people in the program mere weeks before their release date, forcing addicts to self-medicate for years before that time.
• Supreme Court Delivers Justice to Battered Woman Prosecuted by DOJ; then(FCI) Dublin in California, a low-security women’s prison known as the “rape club,” closed.

Drug Use and Illicit Cell Phones

FLN has credible evidence of employee involvement in the drug trade at certain women’s facilities, but this has been overlooked. Instead, the prison system has implemented mail photocopying and scanning, either on-site or through a third-party vendor.

d

“Restorative Justice”

Restorative justice addresses harm, including criminal offenses, by promoting accountability and repair instead of punishment and isolation. Many programs currently focus on low-level, nonviolent offenses, which increases criminal surveillance for minor issues. This approach neglects research showing that restorative justice is more effective and necessary in cases of serious harm.

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

J

---

*

1-19-2026

*

2026 FIRST STEP ACT EARLY SUCCESSES

I) SEAN DIDDY COMBS

Jan 8, 2026

CAN DIDDY STAY OUT OF TROUBLE?

FIRST, THERE WAS ALCOHOL ALLEGATIONS.

THEN, 3-WAY CALLS – A VERY BIG ‘NO.’

L

II) FETTY WAP

January 9, 2026 

Thank You, First Step Act …For Early Prison Release!

J

Fetty was released 3 years early from his  6-year prison sentence for drug trafficking, crediting the First Step Act signed by President Trump in 2018, which allows federal inmates to earn time credits to reduce their sentences.

 

 

L

FOR BOTH DIDDY AND FETTY, THEY ARE NOT OUT FROM UNDER THE BOP, UNTIL THEY’RE OFF SUPERVISED RELEASE.

k

><

FEDERAL LEGAL NEWS (FLN)

1-12-2026 (Summary)

In a 5–4 decision, the U.S. Supreme Court expanded post-judgment relief for prisoners by broadening access to second or successive §2255 motions seeking sentence reductions. In Bowe v. United States, the Court examined Michael Bowe’s 24-year sentence, which included a mandatory consecutive 10-year term under §924(c) for using a firearm during a “crime of violence.”

Subsequent Supreme Court decisions cast doubt on whether Bowe’s underlying offenses qualify as crimes of violence. United States v. Davis invalidated §924(c)’s residual clause as unconstitutionally vague, and United States v. Taylor held that attempted Hobbs Act robbery does not qualify under the elements clause—undermining the legal basis for Bowe’s §924(c) conviction.

Under AEDPA, prisoners must obtain appellate authorization for second or successive §2255 relief. Bowe’s 2016 challenge to §924(c)’s residual clause was denied. After the decisions in Davis and Taylor (2022), he sought authorization again, arguing that his convictions were no longer valid “crimes of violence.” The Eleventh Circuit denied him relief, prompting Bowe to seek certiorari. The Supreme Court ruled that AEDPA does not bar a second §2255 motion on this basis, but the petitioner must still show entitlement to relief. The Court’s reasoning indicates that Bowe’s claim has merit. Bowe v. United States, No. 24-5438 (2025).

The Sentencing Commission aims to eliminate the distinction between “actual” methamphetamine and mixtures, as most meth is now uniformly pure, which could aid compassionate release arguments. The First Step Implementation Act focuses on making sentencing reforms retroactive, expanding judicial discretion, allowing expungement of nonviolent juvenile records, and improving record accuracy. Additionally, the Safer Detention Act seeks to revive elderly home detention and clarify compassionate release.

Criminologist Emily Widra argues that federal prisons neglect meaningful drug treatment and healthcare, primarily focusing on punishment instead. Despite significant funding, addiction rates remain high, with limited drug testing and minimized acknowledgment of systemic issues. The punitive approach to addiction fails to address the needs of those incarcerated, leading to untreated individuals reoffending and perpetuating a cycle that benefits the incarceration system. Advocates believe this cycle fuels the growth of law enforcement and the prison system, highlighting the need for a review of the Bureau of Prisons’ ineffective Medication-Assisted Treatment (MAT) program.

Separately, in United States v. Ferguson, No. 24-2178 (8th Cir. Jan. 6, 2026), the Eighth Circuit held that an Arkansas cocaine-delivery conviction does not qualify as a “serious drug offense” under the Armed Career Criminal Act because the state statute criminalizes a broader range of cocaine isomers than federal law. Applying the categorical approach, the court vacated Ferguson’s 180-month ACCA-enhanced sentence and remanded for resentencing without the enhancement.

First Step Act Reform Coming Around Again in the Senate? – Update 

December 22, 2025

Senate Committee on the Judiciary, Durbin, Grassley Introduce Criminal Justice Reform Bills (December 16, 2025)

First Act Implementation Act of 2025 (S. —) (submitted December 16, 2025)

Safer Detention Act (S. —) (submitted December 16, 2025)

Prohibiting Punishment of Acquitted Conduct Act of 2025 (S. —), (submitted December 16, 2025)

~ Thomas  L. Root

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

j

---

1-11-2026

*

V

I. DOJ-OIG REPORT: FAILURE OF THE BOP TO PROVIDE BASIC MEDICAL CARE, WHILE WILLFULLY IGNORING COURT ORDERS.

1-6-2026

• EXPECTED: MEDICAL CARE THAT IS USUAL AND CUSTOMARY AND WITHIN THE STANDARD OF CARE FOR PHYSICIANS IN YOUR COMMUNITY.
• BOP STAFF DROPS OFF PATIENT-INMATE, TAKING HIS WHEELCHAIR, LEAVES HIM ON A BENCH AT DALLAS FORT-WORTH AIRPORT.
• COMPASSIONATE RELEASE ORDER: SLOW TO FOLLOW, OR AT WORST, IGNORED.

L

PAGE 1-2: OIG-DOJ REPORT REVIEW.
PAGE 3-16: JUDGES’ ORDER FOR IMMEDIATE RELEASE.

• UNDERSTAFFED OR COVID-19 (AS WAS REFERENCED) IS NOT AN EXCUSE.

REQUESTS FOR COMPASSIONATE RELEASE.

1. The Government stated that Mr. Bardell was examined on December 18, 2020, and found “no evidence of malignancy.”
2. The Court granted Mr. Bardell’s motion, directing his attorney, Kimberly Copeland, Esq., to work with the U.S. Probation Office on a release plan. The BOP was ordered to release him after approval, but they ignored the Release Order.

FINALLY, THE JUDGE WAS IRATE:

• The BOP released Mr. Bardell without a release plan, disregarding the Court’s Order. They contacted his parents, who paid nearly $500 for a flight to bring their dying son home.
• Mr. Bardell was unexpectedly released from prison in a wheelchair, but the Bureau of Prisons wouldn’t allow him to keep it for travel. He was subsequently left on the curb of the Dallas/Fort Worth airport to fend for himself.

Don’t assume that the BOP will provide medical care, follow court orders, or create an environment where the inmate will walk out of prison and not have to be taken out in a pine box. A judge’s sentence is not meant to be a Death Sentence.

• 11-23-2024: THE BOP CONVINCES JUDGES THEY CAN PROVIDE ALL MEDICAL CARE: DON’T BE FOOLED…
• 2-27-2025: OIG: BOP STAFFING SHORTAGES RESULT IN DELAYED ⇒ DENIED ‘MEDICAL CARE.’
• 3-13-2025: WHAT TO DO WHEN MEDICAL CARE IS NOT PROVIDED.
  U.S. District Judge Roy Dalton held the Federal Bureau of Prisons in contempt in 2022, stating they should be “deeply ashamed” of their treatment of deceased inmate Frederick Bardell.

C

g

g

II. WHITE-COLLAR CASES ARE NO LONGER A TOP PRIORITY

F

PRESIDENT’S EPIC CLEMENCY PARADE, A PEEK BEHIND THE CURTAIN.

Individuals seeking presidential clemency have reportedly paid substantial sums—often approaching $1 million—to lobbyists with access to Donald Trump, sometimes accompanied by additional six- or seven-figure “success fees” if a pardon is granted. In one widely reported example, Donald Trump Jr. introduced lobbyist Ches McDowell to Trump during McDowell’s efforts to secure clemency for Changpeng Zhao, the founder of Binance. Binance reportedly paid McDowell approximately $800,000 and discussed a contingent success fee of more than $5 million upon the granting of a pardon.

k

David Schoen, a former Trump impeachment lawyer, is pursuing the same pardon strategy that has benefited the president’s allies and been fueled by political retribution.

Schoen is seeking clemency for two mobsters serving life sentences since 1992, arguing in a Christmas Eve letter to Trump that they were unfairly prosecuted by Andrew Weissmann—a Trump adversary and former leader of Robert Mueller’s special counsel team investigating Russian interference in the 2016 election.

Wall Street Journal, A Visual Breakdown of Trump’s Pardon Spree (December 10, 2025)

Fox News, Deal-making clemency: Inside Trump’s most disputed pardons of 2025 (December 30, 2025)

~ Thomas  L. Root

B

l

Showing Some Compassion: 18 USC §3582(c)(1)(A)(i)

The conversation started to succeed with the FSA

The First Step Act expanded compassionate release by allowing defendants to seek relief directly from the courts, rather than limiting such motions to the Bureau of Prisons and its wardens, when extraordinary and compelling reasons are present.

Many courts have concluded that U.S.S.G. § 1B1.13—drafted when only the BOP could file compassionate-release motions—is outdated and therefore nonbinding. This divergence in interpretation has produced significant disparities among district courts.

In United States v. Brooker (also known as United States v. Zullo), the Second Circuit held that district courts possess broad discretion to determine what constitutes an “extraordinary and compelling reason” under § 3582(c)(1)(A), and that Guideline § 1B1.13 applies only to motions brought by the BOP, which are now infrequent.

United States v. McCoy, Case No 20-6821, 2020 U.S. App. LEXIS 37661 (4th Cir., Dec. 2, 2020)

– Thomas L. Root

><

m

DECREASE IN WHITE-COLLAR PROSECUTIONS

><

m

After Trump granted clemency to Trevor Milton, Mark Watson, and others, the SEC dropped its civil fraud cases, forfeiting a chance to recover money for investors. Lawyers said they didn’t want to appear to challenge Trump’s view of justice.

The move reflects a broader pullback at the SEC. Under Trump, the agency brought just four enforcement actions against public companies in nine months, compared with 52 in the final three months of the Biden administration. SEC Chair Paul Atkins has urged restraint, saying enforcement should not be measured by case counts alone.

><

R

III. MISSING YOUR COURT DATE…

F

Individuals charged with a crime, along with their attorneys and witnesses, including police officers, have a legal obligation to appear in court. However, missed court dates, often due to scheduling issues, are common, particularly among police officers, who miss hearings at rates nearly double those of defendants.

Defendants often face severe penalties, like jail time, for failing to appear in court. However, courts can adopt effective solutions to 

Defendants often face severe penalties, like jail time, for failing to appear in court. However, courts can adopt effective solutions to reduce non-appearance, such as mailed notices, automated reminders, grace periods for unavoidable absences, and options to reschedule hearings rather than issue warrants.

Jury trials are now rare, as prosecutors wield significant power to secure guilty pleas. When individuals miss court, they often miss crucial hearings on witness testimony and evidence discussions.

A missed court date shouldn’t lead to severe consequences that complicate an already difficult experience in the criminal justice system. Individuals may have valid reasons for their absence, like work conflicts, childcare issues, or transportation problems. Arresting them is unjust and counterproductive. We need to change our approach and create accommodations for those who genuinely want to participate in court proceedings.

j

><

IV. FEDERAL LEGAL NEWS (FLN)

1-5-2026

The new Director has been in his position for barely six months and has made steady progress in reducing waste, eliminating corruption, and lowering headcount at the federal Bureau of Prisons.  

D

Case: Bailey v. Federal Bureau of Prisons

In April 2024, an advocate for federal prison reform filed a lawsuit against the Federal Bureau of Prisons (BOP). The plaintiff, along with her non-profit, More Than Our Crimes (MTOC), had been publishing critical articles about the BOP since 2020. She alleged that the Bureau cut off her access to information and retaliated against her sources, violating the First and Fifth Amendments.

Bailey claimed that seven BOP facilities—FCI Ray Brook, USP Big Sandy, FCI Hazelton, USP Marion, FCI Pekin, FCI Florence, and USP Beaumont—started blocking her messaging access in 2022. Other non-profits have also faced restrictions on emailing more than one inmate at a time.

 Judge Friedman wrote, “The Court will also prohibit the BOP from blocking Ms. Bailey from using TRULINCS.”

D

The FSA allows Wardens to grant “exception” authority for Federal Time Credits (FTC) to inmates who don’t meet standard low-risk criteria. Wardens can approve transfers to prerelease custody for “Medium” or “High” risk inmates if they assess the individual as non-threatening, actively participating in recidivism reduction, and unlikely to reoffend.

D

q

Lenity,

The rule of lenity is a long-standing legal principle in criminal law that requires courts to interpret ambiguous or unclear criminal statutes in the most favorable way to the defendant.

Recent discussions among the Supreme Court justices highlight the instability of the lenity doctrine. In Wooden v. United States, Justices Gorsuch and Kavanaugh debated the proper scope of the ruling. Gorsuch argued that lenity is a constitutional rule tied to due process, asserting that if traditional interpretation tools fail, judges should turn to lenity.

Kavanaugh argued that lenity should be applied only at the end of the interpretive process and infrequently. He highlighted the uncertainty created by Congress’s broad criminal laws, with lenity serving as a crucial check to ensure punishments have clear legislative backing. Gorsuch noted, “Under our rule of law, punishments should never be products of judicial conjecture.” 

s

The Elderly Offender Program,

As part of the FSA, it was initiated in 2018 and ended in 2023 due to BOP’s disinterest and management issues. However, it still holds statutory authority and could be reinstated through an Executive Order or BOP directive.

The program required participants to be at least 60 years old, have served two-thirds of their sentence, and have no history of violent crimes or attempts to escape. Reintroducing this program could alleviate pressure on the criticized BOP medical system. While Congress is considering Senate Bill 3485 to revive it, a Presidential Order would strengthen efforts to release eligible elderly and chronically ill inmates to their families or care facilities. There is little public safety justification for holding them back.  Reviving lenity.

o

---

1-4-2026

TOPICS

1. LAW 360: THE FIGHT FOR EQUAL JUSTICE. CRIMINAL AND CIVIL DEFENSE IS NOT JUST FOR THOSE WHO CAN AFFORD IT.
2. THE SENTENCING PROJECT
3. LISA LEGAL FOUNDATION
4. SOLITARY WATCH.ORG
5. FEDERAL LEGAL NEWS (FLN)
6. BOP IN THE NEWS
7. ABOVE THE LAW
8. MEDICAL

L

LAW360: AN ATTACK ON ACCESS. 

The Showdown Over Birthright Citizenship

• This year, the Supreme Court will decide whether the 14th Amendment guarantees a right to U.S. citizenship to all children born on U.S. soil.

Funding and Access for Legal Aid, Now Uncertain

• WITHOUT LEGAL AID (PUBLIC AND FEDERAL DEFENDER). Established by Congress in 1974 to ensure equal access to justice by providing civil legal aid to people who can’t afford lawyers — low-income Americans lack legal help for 92% of their substantial civil legal problems.

Right to Counsel

• For tenants facing eviction, the problem has continued to expand geographically in 2025, with Los Angeles adopting the tenant’s right to counsel and Bozeman, Montana, joining the list, bringing the total to 27 jurisdictions.

j

P

*

*

Top Trends in Criminal Legal Reform, 2025

December 30, 2025

O

The United States has one of the highest incarceration rates globally, far exceeding other industrialized nations. In 2025, some state legislatures embraced criminal legal reforms, while others used punitive rhetoric to stoke fears of crime.

J

Second Look and Rehabilitation-Based Release Policies

Second-Look-White-Paper FAMM

Second Look, Prison Policy Initiative

Second Look Act-2025 The Sentencing Project

a

**Look and Rehabilitation-Based Release Policies Summary**

• **Delaware:** Senate Bill 10, also known as the Richard “Mouse” Smith Compassionate Release Act, allows sentence reviews for individuals rehabilitated after serving 25 years, or for those over 60 after 15 years. Previously, only individuals under 18 who served 20 years qualified.
•  **Georgia:** House Bill 582, the Georgia Survivors Justice Act, permits courts to waive mandatory minimums when abuse is a significant factor in an offense and allows incarcerated survivors of domestic violence or child abuse to seek reduced sentences influenced by their experiences.
• **Maryland:** House Bill 853 introduces a “second look” policy for individuals aged 18–25 after 20 years, excluding certain violent offenses. House Bill 1123 establishes medical and geriatric parole for those chronically debilitated and allows geriatric parole for individuals 65 and older after 20 years served.

Scaling Back State Cocaine Sentencing Disparities

In 2025, Arizona and Virginia became the latest states to address the crack-powder sentencing disparity.

• Lawmakers in Arizona passed House Bill 2720. The law change removed the lower quantity threshold for “hydrolyzed cocaine” (including crack cocaine), aligning it with the nine-gram threshold for powdered cocaine, so both are now punished equally.
• Virginia policymakers passed Senate Bill 888 in 2025. The new law removes the legal distinction between crack and powder cocaine for purposes of sentencing.
• The Feds Pardon: 400 Tons delivered by the ex-president of Honduras, vs everyone else?

Expunging Certain Criminal Convictions

Illinois lawmakers authorized expungement of certain criminal convictions with the passage of House Bill 1836. The Illinois Clean Slate Act, effective in 2029, will automatically seal eligible misdemeanor and certain felony records. Illinois joins 12 states and Washington, DC in having clean slate laws.

Emerging Developments in the Criminal Legal System

In 2025, proposals such as Maryland’s Senate Bill 925 to raise minimum penalties for drug offenses, Nebraska’s Legislative Bill 556 to charge youths as adults at 12, and Maine’s Question 1 on voter ID for incarcerated individuals highlighted the challenges of reforming the criminal legal system. Although these measures failed, they show ongoing obstacles. Additionally, states like Arkansas, Colorado, Illinois, Montana, and South Dakota are planning or expanding prisons, with Arkansas and Montana reaching peak imprisonment levels in 2023.

• In Arkansas, officials are planning a 3,000-bed facility with a $750 million budget for 2025. Illinois lawmakers are closing two older prisons while allocating $900 million for two new 1,500-bed prisons. Montana approved an additional $436 million for new prison beds and construction. Oregon requested $3 million for a feasibility study to replace an aging prison. South Dakota lawmakers backed a $650 million plan for a new 1,500-bed men’s prison.

H

><

*

*

January 2, 2026

Another Circuit Invalidates Felon-in-Possession in Nonviolent Case 

In Ed’s case, he had fully paid his child support debt when found with a firearm. The 5th Circuit ruled there was no justification to disarm him, emphasizing that the focus should be on the nature of the predicate offense rather than his broader criminal history or individual traits, despite past arrests for assault.

The ruling aligns with the Third Circuit’s decision in *Range v. Attorney General * and the Sixth Circuit’s decision in *United States v. Williams*. However, it contradicts the decisions of the Eighth, Ninth, and Tenth Circuits. Notably, the Tenth Circuit case—*Vincent v. United States*—is currently on its third relist at the Supreme Court.

United States v. Cockerham, Case No. 24-60401, 2025 U.S. App. LEXIS 33001 (5th Cir., December 17, 2025)

~ Thomas L. Root

Promising pending case regarding 922g, in Duarte v. United States, Docket No.25-425, asks, “Whether 18 U.S.C. § 922(g)(1)’s [near the bottom of the list] categorical ban on the possession of firearms by felons is unconstitutional as applied to a defendant with non-violent predicate offenses underlying his conviction.” 

O

o

L

December 31, 2025

Incarceration Ain’t Cheap–

The Imperfect numbers that the BOP Published [the Annual COIF Cost of Incarceration Fee], with commentary.

Costs for a Federal inmate,

• Housed in a Bureau or non-Bureau facility in FY 2024, the amount was $47,162 ($129.21 per day).
• Of course, the costs of being housed in a SuperMax aren’t the same as a Minimum Camp…
• Housed in a Residential Reentry Center for FY 2024 was $43,703 ($119.73 per day). 
• Home confinement supervision costs $4,742 a year ($12.96 per day).

BOP, Annual Determination of Average Cost of Incarceration Fee (COIF) (December 15, 2025)

Administrative Office of US Courts, The Public Costs of Supervision Versus Detention (June 5, 2025)

~ Thomas L. Root

o

o

o

December 30, 2025

Who Runs The Courtroom?

s

Carrying guns can be dangerous for drug dealers because it carries a mandatory additional sentence of at least five years under 18 USC § 924(c), more if you “brandish” it, and even more if you fire it.

Charges include possession with intent to distribute meth under 21 USC § 841 and an 18 U.S.C. § 924(c) offense. The § 841 offense carried a minimum sentence of five years, and the § 924(c) gun offense added another five. 

g

SMARTLY SHE CHOSE TO COOPERATE: ERIKA DAY.

• 18 USC § 3553(e), rewards a cooperator with a motion to depart from a statutorily mandated sentence for substantial assistance.  The U.S. Attorney moved to depart below the statutory minimum for the meth offense but not for the gun offense. The district court granted the motion but sentenced Erika below the statutory minimum for both offenses, with time served on the § 841 count, and a single day on the Count 2 gun charge.

The Government, arguing that she had to get at least five years on the § 841 count, appealed.

During her pretrial release, Erika successfully completed drug rehabilitation and became a mentor. She managed two jobs, paid off her fines, and obtained her driver’s license after twelve years. With her newfound independence, she bought a vehicle, found stable housing, and worked on rebuilding her relationships with her daughters.

“Judge Kidd noted that rarely does a district court see how a defendant would act with a second chance. Due to Day’s cooperation, the court observed his rehabilitation over a two-year period. However, only one opinion mattered: the United States Attorney’s. She had the authority to allow the district court to impose a just sentence but chose not to, and today’s opinion confirms her power in this decision.”

United States v. Day, Case No. 24-13312, 2025 U.S.App. LEXIS 33634 (11th Cir. Dec 23, 2025)

~ Thomas L. Root

s

December 29, 2025

Presidential Clemencies Bring Little Hope for Most Federal Prisoners

*

a

The Examiner then listed Trump’s five most controversial clemency actions. Trump prioritized several high-profile pardons after taking office.

• First on the list was Ross Ulbricht, the drug black market operator whom Trump promised to pardon at the Libertarian Party convention in 2024.
• Next was Changpeng Zhao, the founder of Binance, who was pardoned after serving four months for money laundering.
• Former congressman George Santos, convicted of fraud, was pardoned after about four months in prison. The list also included,
• …former Honduran president Juan Orlando Hernandez pardoned. He was serving a 45-year sentence for drug trafficking 400 tons of cocaine, which some reports linked to Trump’s influence in the Honduran presidential election.

D

Trump reacted angrily after Cuellar opted to run as a Democrat instead of switching to the Republican Party out of “loyalty” to him.

The Washington Post reported that at least 20 people pardoned by Trump this year had large restitution obligations, often more burdensome than their sentences.

For example, Paul Walczak, who failed to pay over $4 million in taxes, was pardoned before serving any time, clearing his IRS restitution. Many of Trump’s clemencies involved those with political connections to him. Walczak’s pardon followed $1M contributions from his mother, who also attempted to undermine Biden’s 2020 campaign.

Trevor Milton, who was convicted of defrauding investors of Nikola, received a four-year sentence but was pardoned by Trump, who noted Milton’s early support for his presidential campaign.

The transactional nature of Trump’s presidency was highlighted recently by former Pardon Attorney Elizabeth Oyer. You might remember that the Obama Administration launched a major fraud case against FIFA and over 30 other defendants, which is now before the Supreme Court on petitions for certiorari.

• But earlier this month, FIFA announced a new “peace prize” for those promoting global unity and awarded its inaugural prize to President Trump on December 5.

g

Washington Examiner, Trump’s five most controversial pardons of 2025 (December 25, 2025)

Washington Post, Trump’s pardons wipe out payments to defrauded victims (December 19, 2025)

New York Times, Trump Pardoned Tax Cheat After Mother Attended $1 Million Dinner (May 27, 2025)

CNN, What is the FIFA Peace Prize and why did Donald Trump win? (December 5, 2025)

Facebook, Days after FIFA gave him a medal, Trump’s DOJ started dismantling a major corruption prosecution (December 22, 2025)

~ Thomas L. Root

s

CONTINUING THE TOPIC OF PRESIDENTIAL PARDONS…

As a non-attorney, I may be mistaken. Nevertheless, courts routinely consider sentences imposed in comparable cases when determining an appropriate sentence. In January 6-related cases, many defendants—including some involved in violence—received no prison time or were later pardoned.

• Such outcomes raise concerns about consistency and fairness, particularly where more serious conduct results in lesser punishment. Principles of equal justice—rightly or wrongly—presume that similarly situated defendants are treated alike.
• Comparable disparities appear in drug cases as well, here too referring to the pardon of the former Honduran president despite large-scale cocaine (400 Tons) trafficking. These examples raise legitimate questions about accountability and fairness when similarly situated cases are treated differently, or when outcomes appear influenced by status or connections.
• Below are links to helpful tools when determining one’s sentence.

Z

l

ll

d

><

o

Op-ed: It’s Time to Talk About Prison Food

• Surprise inspections of federal prison kitchens by the Department of Justice found rotting food, insect-infested storage, and broken refrigerators. Additionally, 36 states permit using food as punishment, often in the form of a tasteless “loaf” used as a replacement for those in solitary confinement. Although considered “edible humiliation,” courts have upheld its use since it meets minimum nutritional standards.
• CONSIDER THE 2025 DOJ-OIG FOOD INSPECTION REPORT

p

• After the Biden administration commuted the sentences of 37 men on federal death row, President Trump pledged to impose severe punishments upon his return. A year later, many have been transferred to ADX Florence in Colorado, where inmates are kept in constant solitary confinement. At least one recently transferred man has attempted suicide. The Trump administration has ignored federal guidelines on housing assignments that consider medical, mental health, and faith needs alongside security risk to facilitate these transfers.

Dec. 23, 2025

• CBS officials decided not to air an investigative segment on the controversial El Salvador prison CECOT, despite it being cleared by their lawyers. Deported migrants reported experiencing sexual abuse and solitary confinement there. The decision not to broadcast the segment has led to accusations that it was pulled to avoid portraying the Trump administration negatively, raising concerns about CBS’s journalistic integrity.

The news segment critical of the Trump administration’s immigration policy was pulled from “60 Minutes” but is now circulating online. CBS officials decided not to air an investigative segment on the controversial El Salvador prison CECOT, despite it being cleared by their lawyers. 

Deported migrants reported experiencing sexual abuse and solitary confinement there. The decision not to broadcast the segment has led to accusations that it was pulled to avoid portraying the Trump administration negatively, raising concerns about CBS’s journalistic integrity.

WATCH: The 60 Minutes CECOT Segment

• The segment aired on the Global TV app in Canada. Someone sent me a link to a recorded version. Let’s see if we can figure out whether Bari Weiss’ decision to spike it was editorial or political.

l

><

FEDERAL LEGAL NEWS (FLN)

12/19/2025

Humane Incarceration, Meaningful Rehabilitation.

Resistance to new initiatives, waste, mismanagement of government programs, and criminal behavior hinder the new appointees’ important efforts.

The positive impact of Director Marshall’s June 17, 2025, Memo, “To Fully Implement First Step Act and Second Chance Act.” That FSA and SCA sentence-reduction benefits should be “stacked, “and “Conditional Placement Dates” should “drive timely referrals, not bureaucratic inertia.” Although improvements in the process have occurred, it could take another 18 months to achieve, in My Opinion.

STAFF REORGANIZATION: virtually all Regional Directors have been, or are being replaced. Another Positive: the new administration’s more aggressive, results-driven leadership has encouraged reporting the worst abuses, and the absence of union obstacles to staff discipline or dismissal will accelerate the pace of reform.

CONTINUED: POOR MEDICAL CARE. To start, when an outside specialist recommends care, the BOP Clinical Director is not obligated to follow their recommendations. There are no immediate legal remedies to redress the most egregious personal injuries and deaths, such as;

• failure of prison staff to maintain medical alert systems in units, especially for night or weekend medical emergencies,
• failure of staff to timely respond when medical emergencies arise,
• failure to have emergency plans for medical crisis, not to mention
• the deliberate understatement of chronic medical problems,
• falsification of medical charts (in clear violation of federal law),
• lack of supervision of medical personnel, and outright medical errors.

Then, depending on the BP 9-11 Administration Process to address these concerns in a timely fashion.

y

From FCI Thomson in western Illinois, medical staff are lowering care levels to keep inmates at the facility. In the past two months, there have been two deaths, and three more inmates are expected to die after being transferred. Due to the limited Care 3 bed space, everyone is being moved to Care 2, hindering their access to necessary “Timely or Adequate Health” care.

Letters to FLN from Thompson: 

• 8 inmates with advanced Prostate Cancer receiving no treatment, and
• Over 25 with large hernias, some experiencing vascular issues and discoloration, just managing their conditions without care.

Healthcare staffing crisis, with only

• Two nurse practitioners and two doctors for 2,100 inmates.
• Medication distribution is often delayed due to budget constraints, and
• Essential medical supplies, like wipes and catheters, are lacking.

Prisoners face additional misery due to a system that appears to punish them for seeking essential medical treatment, such as a colonoscopy. This prisoner’s story,

• I was placed in the Security Housing Unit (SHU) for a cleaning procedure, enduring two days in a cell with temperatures around 80 degrees Fahrenheit and no sleep.
• Then the bus trip for treatment, with 10 to 17 inmates, was shackled together.
• We arrived at the hospital around 5 or 6 AM, but didn’t return until 5 to 7:30 PM. Our meals consisted of a peanut butter sandwich, a stale bag of chips, and a bottle of water for the entire day.
• We weren’t allowed to use the restroom or even blow our noses during the trip.

h

SNIPPETS FROM THE OIG REPORT

• The BOP’s Response to Medical Emergencies Was Often Insufficient Due to a Lack of Clear Communication, Urgency, or Proper Equipment

l

For other legal information, use the information below.

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

><

BOP IN THE NEWS

H

BOP National Resource Team

December 10, 2025

The initiative launched at FCC Victorville began with the USP as its first site. The Deputy Director engaged inmates by asking what could eliminate prison politics. Suggestions included state-of-the-art tablets, more leadership support, and expanded programming. Inmates raised concerns about the accuracy and timeliness of their FSA time credits. The Deputy Director advised leadership to apply credits at the warden’s discretion, resulting in immediate changes in security designations, extended RRC placements, and some immediate releases.

L

D

Highlights from the 2025 Corrections Leadership Summit

December 30, 2025

The Summit emphasized the importance of personal accountability, servant leadership, and the power of influence, highlighting a key truth: great leaders create great institutions. The insights and momentum gained from these two days will continue to shape our leadership development efforts across the agency in the coming months.

s

*

ABOVE THE LAW, BEST OF 2025

Georgetown Law to Ed Martin: F All The Way Off

l

MEDICAL:

AUTISM RESOURCES: MISSED OR MISDIAGNOSED. 

From the VA Board of Medicine to the State Physicians, continuing Education is recommended.

G

m

Hepatitis C Virus Is Associated With Increased Mortality Among Incarcerated Hospitalized Persons in Massachusetts

Access to HCV  treatments in carceral settings is limited.

h

---