After Guilty – your next most important court date may include your,

Presentence Report

• By following the United States Sentencing Commission (USSC) Guideline Table.

II) The BOP uses it to determine where you will be placed.

• Per Program Statement P5100.08, Taking into account both Public Safety Factors (PSF) and Management Variables, (P5100.08, Chapter 4 Pages; 5-13 – Chapter 5; Pages 12-13).

III) The Presentence Report (PSR), preferably done before the Presentence Interview (PSI):

• Properly done, is a comprehensive background that takes into account your;
  • past medical, familial, and social history.
  • past criminal history, if any.
  • current medications.
  • past education, military, community service along with other relevant certifications -diplomas, or ranks you have achieved.
• Impacts you throughout the term of your confinement.
• Then follows you after incarceration, while under supervised release.
• Ultimately becoming a permanent part of your record.

Considered the “Inmates Bible”,

• It impacts your every decision during, and after your time in federal custody.
• Therefore, getting it right then from the outset is critical.
  • It provides for your Medical (and Mental) Healthcare Needs regarding facility placement.
  • Lets you know if your current medications are available;
    • BOP Medications; there are approximately 3500, made available through 3 Tiers;
      1. On Formulary, these are available.
      2. Non-Formulary; these require a lengthy preauthorization process.
         • If applicable, should be addressed before the sentencing hearing in order to expedite their availability.
      3. Lastly, the specific medication may just not be available.
         • Here the legal team should consult with the treating physician to help identify whether there is a suitable medication option available through the BOP Formulary / Non-Formulary model. This list can be found online.
         • If no medication substitutes are available, this should be addressed before the sentencing hearing so as not to deviate from the standard of care within the community.
• Identifies your client’s legal residence.
• Allows for,
  • placement needs that address mental illness and other psychological issues.
• Determines security levels, where options can range from:
  • Camps: either Minimum FPC or Minimum Satellite Camps, to
  • Security levels range from Low, Medium (and Medium USP), High (and High USP), USP, SuperMax, and Administrative (which include all levels).
  • Federal Medical Centers (FMC)
• Preparing the PSR, and Sentencing Hearing
  • In drafting a request for prison placement or designation,
    • specifically stating the reasons why you are making the request,  and then framing your recommendations may become part of the court’s Judgment and Commitment (J&C) orders imprisonment section, and together could lend itself towards BOP acceptance.
• Getting the judge to agree (per–18U.S.C.§ 3621(b)),
  • their recommendation can be included in their J&C orders imprisonment section.
  • the PSR together with a qualified placement request that includes framed recommendations in terms of the reasons underlying them
    • ’ lays the groundwork for the best possible judicial recommendation,
    • along with a potentially successful BOP placement outcome.
  • A PSR is best prepared by defense counsel before the PSI.
    • This is done in order to begin to lay the groundwork to address the defense efforts to mitigate the sentence and BOP placement request, §13:10 Tips on getting your client the lowest possible sentence.

• Document-Document-Document;
  • The best way to influence a judges ‘preconceived selection of a tentative sentence before the hearing’,
    • file your sentencing memorandum (approximately 1 week before the sentencing hearing)
      • using the §3553(a) factors to demonstrate and support why a sentence below the guideline range is “sufficient,
      • but not greater than necessary”, to achieve the goals of a fair sentence.
  • Additional recommendations,
    • include character letters (or videos) from people willing to offer insight into your (the defendant’s) true nature,
    • not diminishing the seriousness of the offense(s) and
    • apologizing to those you have harmed;
    • could go a long way toward achieving the sentence you want.
• Waiting until the actual hearing to make your sentencing and placement case makes it far less likely that the court will listen.
• Does your client have a physical or mental impairment, drug or alcohol dependency issues; corroborate with their:
  • Doctors’ letters and/or report
  • Medical treatment record history
    • (under seal, preferably via the Probation Office so that the information is appended to the Presentence Report so that it’s transmitted to the BOP).
  •  Similarly, if your client has a military service record or a history of good works, provide these appropriate documents or testimonials.

 

Johns Hopkins COVID Tracker In Real-Time

Incarceration in the age of  COVID-19

*Note: As research is ongoing and worldwide, we will do our best to keep this site current.

Doing your best to protect yourself from COVID, in prison.

• Masking (while nobody wants to wear them, it is the best protection after vaccines) This uTube is still the Best overall explanation yet.–>
• Vaccines (they have all been used a billion times, so the research is out there)
  1. Pfizer marketed as Comirnaty
  2. Moderna marketed as SPIKEVAX
  3. J&J 
• Monoclonal Antibodies –COVID-19, BOP Clinical Guidance, 08/2021.
  1. 1. Evusheld from AstraZeneca (EUA) is used only for those:
        • for pre-exposure prophylaxis (prevention) of COVID-19
        • 12 years of age and older, weighing at least 88 pounds
        • in individuals who are not currently infected with COVID
        • who are moderate to severely compromised immune systems due to a medical condition
        • who are taking immunosuppressive medications or treatments
        • who may not mount an adequate immune response to COVID-19 vaccination, see fact sheet
        • who have a history of severe adverse reactions to a COVID-19 vaccine and/or its components
     2. Sotrovimab – hospitalized patients only – available in the BOP
        • Glaxo SmithKline and Vir’s “Sotrovimab, available in the BOP and is effective against all variants, including omicron“.
     3. Bebtelovimab (EUA) “against both the Omicron variant and the BA.2 Omicron subvariant,”
        • for those with a positive COVID-19 test, and
        • who are at high risk for progression to severe COVID-19, including hospitalization or death,
        • where other treatments are not accessible or clinically appropriate.
        • Bebtelovimab is not authorized for patients who are hospitalized due to COVID-19 or require oxygen therapy due to COVID-19.
  2. Antivirals, most are available orally.
     1. Pfizer’s COVID-19 oral pill,
        • The Good News: Near 90% protective against hospitalization,
          1. The Bad News, if Congress goes ahead and cuts COVID funding, for 1 week’s supply it could cost way over $500.++ 
        • Retains its effectiveness against Omicron, December 14, 2021 (Reuters).
        • Pfizer will grant a license for their antiviral pill to the Geneva-based Medicines Patent Pool, producing generics in 95 countries.
     2. Merck’s molnupiravir (EAU for mild-to-moderate cases of COVID-19 who were not hospitalized).
        • Cost, it is much more, and – less effective?
        • Nature, 10/8/2021, Merck’s antiviral, would cut hospitalizations and deaths by half.
        • On November 26, 2021, Merck revealed their trial results show Molnupiravir had a risk reduction of 30%, Reuters.
     3. Further, a loose alliance of big pharma companies including:
        • Gilead, Novartis, Schrödinger, Takeda Pharmaceutical, and WuXi AppTec, all have formed to share ideas, resources, and data to develop custom pan-coronavirus antivirals. The overarching goal is for the scientific community to come up with a solution to this—or the next—pandemic.

Don’t let this be a missed opportunity!

PPRSUS is here to help

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