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

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DIRECTOR MARSHALL LAUNCHES FSA TASK FORCE.

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7/21/2025

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

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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.
6. 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.

Also, the Bureau is clearly in violation of the following law:

 “SEC. 611. HEALTHCARE PRODUCTS.

(a) Availability. —

The Director of the Bureau of Prisons shall make the healthcare products described in subsection   

(c) available to prisoners at no cost, in quantities appropriate to each prisoner’s healthcare needs.  

(b) Quality Products. –

The Director shall ensure that the healthcare products provided under this section conform with applicable industry standards.  

(c) Products.

The healthcare products described in this subsection are tampons and sanitary napkins. December 17, 2018 – Issue: Vol. 164, No. 198 — Daily Edition, Congressional Record.

Illness of a close family member is also now grounds for compassionate release under the 2023 Guidelines.   

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.

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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Walter Pavlo, a writer for Forbes.com, 6/30/2025

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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