Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.176 Page 1 of 59 1 2 3 4 JEREMY D. WARREN State Bar No. 177900 Warren & Burstein 501 West Broadway, Suite 240 (619) 234-4433 jw@wabulaw.com 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 UNITED STATES OF AMERICA, Case No.: 18-cr-851-GPC 10 Plaintiff, 11 12 13 Motion to modify sentence, 18 U.S.C. §3582(c)(1)(A)(i) v. ERICA GAYLE LYNCH, 14 15 Defendant. 16 17 18 At the time of Erica Lynch’s arrest for importing a controlled substance, she was 19 pregnant. She remained in custody throughout her case, pleaded guilty, and the Court 20 imposed a 36-month sentence, recommending MINT or the Residential Pregnancy 21 22 23 24 Program, and, to address her drug problem, RDAP. The BOP did not honor the Court’s request for a pregnancy program, but instead, based on her serious medical issues, designated her to a Federal Medical Center. There, she delivered her daughter Gracelynn, 25 26 who is now in her parents’ temporary custody. 27 28 1 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.177 Page 2 of 59 1 Ms. Lynch completed a substantial portion of RDAP, but the program has frozen 2 nationwide because of the pandemic. In fact, but for the pandemic, she would likely 3 4 5 already be in a halfway house or home confinement with a well-earned sentencing reduction, or close to it. 6 7 8 9 10 Unless the Court grants this motion, she will remain in prison until her release date in March, 2021 (minus several months of expected halfway house time at the end of her sentence). Remaining in custody, however, carries significant dangers. Ms. Lynch suffers from a blood disorder, obesity, heart-valve issues, and a weakened immune system – 11 12 13 14 15 comorbidities that render COVID-19 especially lethal. (APP):12-23.1 Worse still, she is confined within a prison with over ninety active COVID-19 cases, and the numbers there have been growing quickly – doubling in less than a week. APP:11. For Ms. Lynch, the 16 danger is real. She does not deserve to die in prison or become gravely ill from COVID- 17 19. And it constitutes extraordinary and compelling reasons for relief. 18 Thus, pursuant to 18 U.S.C. § 3582(c), Ms. Lynch moves the Court to modify her 19 20 sentence such that her remaining term be served in home confinement as a condition of 21 supervised release. According to the BOP, she is scheduled for release on March 14, 2021. 22 23 24 APP:3. But she is eligible for halfway house and/or home confinement within the last 121-150 days of her sentence. APP:4. The upshot is that, Ms. Lynch seeks a reduction of 25 26 27 28 1 Relevant medical records are attached to this motion. 2 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.178 Page 3 of 59 1 just a few months to help protect her from COVID-19 exposure as it accelerates in the 2 coming weeks, and a predictably bad outcome. 3 Government’s position 4 5 6 Prior to filing, the defense provided a draft of the motion to the government. The government indicated it would oppose the request. 7 Discussion 8 9 10 The First Step Act (FSA) recently amended 18 U.S.C. § 3582 to allow defendants seeking a sentencing modification to petition the district court directly: 11 12 13 14 15 16 17 18 19 20 21 22 23 the court . . . upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that . . . extraordinary and compelling reasons warrant such a reduction . . . and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission[.] 18 U.S.C. § 3582(c)(1)(A)(i). In short, to obtain relief, the defendant must first satisfy the exhaustion / time-lapse requirement. Second, she must demonstrate that “extraordinary and compelling reasons,” consistent with the applicable policy statement, warrant a modification. Ms. Lynch 24 25 addresses these requirements in turn. 26 27 28 3 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.179 Page 4 of 59 1 A. 2 3 4 5 On June 17, 2020, Ms. Lynch requested compassionate release/reduction in sentencing through the Warden at FMC Carswell. The next day, on June 18, 2020, the Warden denied the request. APP:1. The letter included no specific reasoning. Id. 6 7 8 9 10 Exhaustion / Time Lapse. Counsel for the BOP has confirmed the Warden’s denial constitutes exhaustion: “The letter from the Warden denying reduction in sentence, compassionate release, means the client got the Warden’s review. The client doesn’t need to file a BP-9, Request for Admin Remedy. The Court may find that you have exhausted and can review the 11 12 13 14 15 compassionate release on the merits.” APP:2 (emphasis added). Accordingly, Ms. Lynch has met this first requirement. APP:1.2 B. The merits. 16 Moving to the merits, a court may modify a previously imposed sentence if it finds: 17 (1) “extraordinary and compelling reasons” warrant the modification, (2) it would be 18 19 20 “consistent with any applicable policy statements issued by the Sentencing Commission,” and (3) the sentencing factors in section 3553(a) support the modification. See United 21 22 23 24 25 26 27 28 Ms. Lynch notes that if the Court finds the Warden’s denial insufficient, the 30-day period would end on July 17, 2020. Rather than go through an exercise of dismissing and then having her refile in just a few days, Ms. Lynch would urge the Court to accept her motion and set a motion hearing date on or after July 17, 2020. Alternatively, as this Court has noted, it can waive the exhaustion requirement. See United States v. Padilla, No. 19cr-03331-GPC, 2020 U.S. Dist. LEXIS 102483, at *16 (S.D. Cal. June 11, 2020); see also United States v. Perez, 17-cr-513-AT, Dckt. 98 at 2-6 (S.D.N.Y. Apr. 1, 2020) (“exhaustion of the administrative process can be waived in light of the extraordinary threat posed – in [her] unique circumstances – by the COVID-19 pandemic.”). 2 4 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.180 Page 5 of 59 1 States v. Rodriguez, No. 2:03-cr-371-AB, Dckt. 135 at 2-3 (quoting 18 U.S.C. § 2 3582(c)(1)(A)). Ms. Lynch’s requested modification satisfies these requirements. 3 1. 4 a. 5 6 7 8 9 Extraordinary and compelling reasons to grant relief. Ms. Lynch’s health conditions make her especially vulnerable. Ms. Lynch has significant medical issues that render her particularly vulnerable to COVID-19. She suffers from a blood disorder, obesity, a weakened immune system, and cardiac issues.3 10 Beginning with her blood disorder, Ms. Lynch has a Qualitative Platelet Defect, a 11 12 13 14 15 rare genetic defect that causes excessive bleeding. APP:12, 20. She has had a life-long history of excessive bleeding, “even to the point of requiring blood transfusions.” APP:20. Currently, she takes Aminocaproic Acid (Amicar), 500 mg., to help control the bleeding. 16 APP:15, 19. However, Ms. Lynch reported to undersigned counsel that she is still 17 experiencing excessive bleeding since giving birth to her daughter in October, 2019. As 18 19 20 stated above, due to her blood disorder, the BOP designated her to a Federal Medical Center. APP:24. 21 Ms. Lynch also suffers from obesity. APP:13, 15. She is 5’7” and weighs 22 23 approximately 192 pounds. APP:13, PSR:2. As such, her Body Mass Index (BMI) is over 24 25 26 27 28 Initial medical records indicated a history of diabetes. Moreover, Ms. Lynch reported having diabetes in 2015, and was taking metformin, a diabetic medication. A review of Ms. Lynch’s current medical records, however, show her blood levels are normal and that she is not diabetic. 3 5 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.181 Page 6 of 59 1 30.4 And as the CDC highlights, “having obesity, defined as a [BMI] of 30 or above, 2 increases your risk of severe illness from COVID-19.”5 In fact, studies have suggested 3 4 that obesity is one of the top three comorbidities for COVID-19 patients.6 5 Dr. David Kass, a Johns Hopkins cardiologist, emphasizes “obesity [is] a notable 6 risk factor for COVID-19—and often the primary risk factor for younger patients.”7 7 8 9 10 Indeed, Dr. Kass’s message is clear: “you need to treat obesity seriously as a pre-existing condition that increases your risks for COVID-19….if you’re obese and you’re 25, or 35, or 45, you have a risk factor and you should be appropriately careful.” And the sedentary 11 12 13 14 15 nature of constant COVID-19 lockdown has not helped Ms. Lynch manage her weight. She actually weighs more now than she did two months after delivering her child (and is 20 pounds heavier than the 170 she was at the time of the PSR). 16 The same is true of her other medical conditions, which have taken a collective toll. 17 As stated, Ms. Lynch has undergone blood transfusions due to her blood disorder. 18 19 20 21 22 23 24 https://www.cdc.gov/obesity/adult/defining.html (BMI definitions); https://www.cdc.gov/healthyweight/assessing/bmi/adult_bmi/english_bmi_calculator/bm i_calculator.html (BMI Calculator). 4 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-withmedical-conditions.html#obesity. 5 26 Safiya Richardson et al., Presenting Characteristics, Comorbidities, and Outcomes Among 5700 Patients Hospitalized with COVID-19 in the New York City Area, JAMA (Apr. 22, 2020), https://jamanetwork.com/journals/jama/fullarticle/2765184. 27 7 28 (June 1, 2020), https://hub.jhu.edu/2020/06/01/david-kass-obesity-covid-19/. 25 6 “Obesity a Major Risk Factor for COVID-19 Hospitalization” Johns Hopkins University 6 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.182 Page 7 of 59 1 APP:23. Moreover, she has a history of precancerous cells in her cervix. Since 2007, 2 she underwent Loop Electrosurgical Excision Procedures (LEEP) and 10 laparoscopic 3 4 surgical procedures to remove ovarian cysts and precancerous cells. PSR:16; APP:12, 5 25 (cone biopsy and cryosurgery procedures remove abnormal tissue.) Moreover, in 2015, 6 Ms. Lynch had her gallbladder removed (cholecystectomy). APP:12; PSR:16. 7 8 9 10 As a result of these conditions, her immune system is weakened. And as the CDC has recognized, “Having a weakened immune system may increase your risk of severe illness from COVID-19.”8 11 Additionally, she is a former smoker. APP:12, 19. Per the CDC, “being a current 12 13 or former cigarette smoker may increase your risk of severe illness from COVID-19.”9 14 Further cause for concern are her heart issues. Currently, she suffers from mild to 15 16 moderate Mitral Regurgitation (MR) and mild to moderate Tricuspid Regurgitation (TR). 17 18 19 20 21 8 24 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-withmedicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2 F2019-ncov%2Fneed-extra-precautions%2Fgroups-at-higherrisk.html#immunocompromised-state. 25 9 22 23 26 27 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-withmedicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2 F2019-ncov%2Fneed-extra-precautions%2Fgroups-at-higher-risk.html#smoking. 28 7 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.183 Page 8 of 59 1 APP:12, 16-17. This is commonly known as a “leaky heart-valve.” APP:12. This means 2 her valve does not close properly, allowing blood to flow backwards in her heart. 10 3 Ms. Lynch’s significant medical issues raise substantial concern for her survival 4 5 should she contract COVID-19; comorbidities are a serious concern. According to the 6 CDC, “[t]he more underlying medical conditions someone has, the greater their risk is for 7 8 severe illness from COVID-19.”11 b. 9 10 The Courts are regularly granting relief. Even at what appears to be an early stage of the pandemic, numerous courts have 11 12 13 granted COVID-19-based sentencing modification motions based on similar conditions. While every case is unique, the following list is illustrative: 14 • United States v. Dawson, No. 18-40085-HLT, 2020 U.S. Dist. LEXIS 64383 (D. Kan. Apr. 9, 2020) (granting release based on obesity alone: “He has a medical condition (obesity) that the CDC recognizes puts him at an increased risk of developing serious illness if he were to become infected with COVID-19.”). 15 16 17 • United States v. Williams, No. 19-cr-134-PWG, 2020 U.S. Dist. LEXIS 101054, at *13-14 (D. Md. June 10, 2020) (granting release to obese defendant “due to contracting COVID-19, the uncertainty whether Mr. Williams will experience further complications related to COVID-19, his obesity as a risk factor for complications from COVID-19, the current conditions at CTF, and finding that Mr. 18 19 20 21 22 23 24 25 26 27 28 https://www.mayoclinic.org/diseases-conditions/mitral-valve-regurgitation/symptomscauses/syc-20350178 (MR); https://www.mayoclinic.org/diseases-conditions/tricuspidvalve-regurgitation/symptoms-causes/syc-20350168 (TR). 10 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-withmedicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2 F2019-ncov%2Fneed-extra-precautions%2Fgroups-at-higher-risk.html#. 11 8 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.184 Page 9 of 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Williams is not a danger to the community…if returned to it approximately seven months earlier than the termination of his custodial sentence.”). • United States v. Jepsen, No. 3:19-cv-00073(VLB), 2020 U.S. Dist. LEXIS 57007, at *9 (D. Conn. Apr. 1, 2020) (granting compassionate release for immunocompromised defendant with “three of the chronic conditions considered by the CDC to be risk factors for severe complications.”). • United States v. Campagna, No. 16-cr-78-01-LGS, 2020 U.S. Dist. LEXIS 54401 (S.D.N.Y. Mar. 27, 2020) (granting motion to substitute the remaining four months of incarceration at a RRC to home confinement because “Defendant’s compromised immune system, taken in concert with the COVID-19 public health crisis, constitutes an extraordinary and compelling reason to modify to Defendant’s sentence[.]”). • United States v. Delgado, No. 3:18cr17(VAB), 2020 U.S. Dist. LEXIS 84469 (D. Conn. Apr. 30, 2020) (granting release to defendant who has “demonstrated that his obesity and sleep apnea place him at greater risk from COVID-19, and that he is unable to properly guard against infection while incarcerated.”). • United States v. Gross, No. 15-cr-769-AJN, 2020 U.S. Dist. LEXIS 60554, at *1, 3 (S.D.N.Y. Apr. 6, 2020) (granting compassionate release to an incarcerated person with several underlying conditions, including being “severely overweight” finding that “the combination of [his] health conditions and his incarceration compounds the risk COVID-19 poses to him, placing him in particularly grave danger”) (internal citation and quotation marks omitted). The government has not opposed every motion. Indeed, “the Department of Justice [has now officially] adopted the position that any inmates who suffers from the chronic conditions associated with severe illness from COVID-19 are eligible for compassionate 22 23 24 25 26 27 release.” Wise v. United States, No. CR ELH-18-72, 2020 WL 2614816, at *7 (D. Md. May 22, 2020); see also United States v. Wright, No. CR TDC-17-0388, 2020 WL 2571198, at *3 (D. Md. May 21, 2020) (“The Government now agrees, based on recent Department of Justice guidance, that [defendant’s] condition, and perhaps other medical 28 9 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.185 Page 10 of 59 1 conditions she presently has, could constitute “extraordinary and compelling reasons” 2 under the circumstances of the COVID-19 pandemic.”). 3 4 5 6 c. Ms. Lynch cannot adequately protect herself against COVID-19 at FMC Carswell. i. The BOP’s COVID-19 crisis. 7 These decisions – and government concessions – reflect the undeniable reality that, 8 for those with medical conditions like Ms. Lynch, prison is an extraordinarily dangerous 9 10 11 12 place during this pandemic. Indeed, “courts throughout the country have noted the ‘obvious shortcomings’ in the BOP’s COVID-19 Action Plan.” United States v. Atkinson, No. 19-cr-0005-JCM-CWH, Dckt. 39 at 4 (D. Nev. Apr. 17, 2020) (granting motion to 13 14 modify sentence). And the numbers speak for themselves. In the last three months, over 15 7,800 inmates have tested positive for COVID-19. APP:10. 16 17 These statistics confirm what we already know: “Prisons are tinderboxes for infectious disease. The question 18 whether the government can protect inmates from COVID-19 is being answered every 19 day, as outbreaks appear in new facilities.” Rodriguez, at Dckt. 135 at 2. 20 21 22 23 ii. FMC Carswell is not immune from the pandemic. The pressing need for relief is reflected in the ongoing outbreak at Ms. Lynch’s facility, FMC Carswell. As of July 10, 2020, 91 inmates have tested positive, three staff 24 25 26 27 28 10 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.186 Page 11 of 59 1 members are positive, one inmate has died (a woman who had just given birth),12 and only 2 two inmates have recovered. APP:9-11. If the brief history of COVID-19 in the BOP has 3 4 5 taught us anything, it is that once the virus truly hits a facility, the infection rate explodes. FMC Carswell is no exception. 6 7 8 9 10 Even with these alarming numbers, we don’t know the full picture. According to the BOP’s webpage, as of July 4, 2020, there were 276 completed tests out of 1,390 total inmates.13 Now, as of July 10, 2020, there have been 454 completed tests, with 652 tests pending. APP:11. At Terminal Island, for example, BOP was reporting less than 7% of 11 12 13 inmates testing positive (7314 out of 107215); once universal testing was implemented, within five days it was reporting over 55% testing positive (60016 out of 1072). 14 Indeed, this Court has recognized this is the reality at FMC Carswell: “[I]t is 15 16 apparent that cases of COVID-19 have spread rapidly through the federal prison system, 17 including FMC-Carswell where the defendant is located, despite the BOP’s commendable 18 19 20 21 22 https://www.cbsnews.com/news/coronavirus-us-inmate-andrea-circle-bear-dies-givingbirth-while-on-ventilator/ (Andrea Circle Bear died of COVID-19 shortly after giving birth while on a ventilator.) 12 23 13 See https://www.bop.gov/coronavirus/ (visited July 4, 2020). 24 14 See https://www.bop.gov/coronavirus/ (visited April 25, 2020). 25 15 26 See https://www.bop.gov/mobile/about/population_statistics.jsp#pop_totals (visited April 25, 2020). 27 28 16 See https://www.bop.gov/coronavirus/ (visited April 30, 2020). 11 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.187 Page 12 of 59 1 efforts to stop the virus from spreading.” United States v. Padilla, No. 19-cr-03331-GPC, 2 2020 U.S. Dist. LEXIS 102483, at *11 (S.D. Cal. June 11, 2020) (citing United States v. 3 4 Castillo, No. CR H-08-146-01, 2020 U.S. Dist. LEXIS 94611 (S.D. Tex. May 29, 2020); 5 see also Pimentel-Estrada v. Barr, No. C20-495 RSM-BAT, 2020 U.S. Dist. LEXIS 6 78319 at *29-30 (W.D. Wash. Apr. 28, 2020) (rejecting the government’s argument that 7 8 9 10 an especially vulnerable detainee’s fear of future injury was merely hypothetical and therefore warranted no redress, noting that “[c]ourts have recognized that unsafe conditions in a prison or detention center in and of themselves constitute a concrete injury, 11 12 13 14 15 even if further resulting harm has not yet occurred.). Accordingly, “[a]ny incarcerated person with one of the underlying conditions identified by the CDC is unlikely to be able to provide self-care within the environment 16 of a correctional facility to avoid contracting COVID-19.” Padilla, 2020 U.S. Dist. 17 LEXIS 102483 at *10 (citation and quotations omitted). 18 19 Moreover, society as a whole is safer with the release of inmates like Ms. Lynch, 20 where she can safely quarantine and practice social distance in her home, vice in prison. 21 See United States v. Burrill, No. 17-cr-00491-RS-1, 2020 WL 1846788, at *4 (N.D. Cal., 22 23 24 25 26 April 10, 2020) (releasing inmate from FCI Duluth, where BOP reported no cases: “Prison conditions mean incarcerated individuals, as well as society as a whole, are safer the more defendants are released”). Say, for instance, Ms. Lynch either contracted COVID-19, or 27 is sent to a nearby hospital to treat one of her underlying conditions. She also poses a risk 28 of contracting the disease from a nearby hospital in the Dallas/Fort Worth area, which is 12 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.188 Page 13 of 59 1 seeing a surge in cases,17 and bringing that disease back into the prison community.18 Not 2 to mention the high likelihood of prison staff contracting the disease in the community 3 4 5 and bringing it into the institution. We already know three staff members have tested positive. APP:9. This is not a hypothetical “what if,” this is the reality for Ms. Lynch. 6 2. 7 8 Granting the requested modification is consistent with the applicable policy statement. The next question is whether Ms. Lynch’s circumstances are consistent with the 9 10 applicable policy statement in U.S.S.G. § 1B1.13. See 18 U.S.C. § 3582(c). As Judge Bencivengo concluded, following the First Step Act, “there is no 11 12 applicable policy statement.” United States v. Owens, 2020 U.S. Dist. LEXIS 61460, at 13 14 *9-10 (S.D. Cal. Mar. 20, 2020) (internal citation and quotation omitted). As such, “a 15 reduction in [Ms. Lynch’s] sentence would not be inconsistent with any applicable policy 16 17 statements from the Sentencing Commission.” Id. at *10. 18 Moreover, even if the prior policy statement remained binding, Ms. Lynch’s request 19 would fit squarely within its terms. As relevant, section 1B1.13 provides, “extraordinary 20 21 24 Tarrant County, where FMC Carswell is, has issued a declaration of local disaster and rates its community spread level as “substantial” as of July 10, 2020. https://www.tarrantcounty.com/en/public-health/disease-control--prevention/coronaviruas.html. 25 18 22 23 26 27 28 17 This is exactly what occurred already at Carswell. Andrea Circle Bear was sent to a nearby hospital and then returned to Carswell the same day. Three days later she exhibited COVID-19 symptoms. She delivered her baby while ventilated, and died several weeks later. https://www.nytimes.com/2020/04/29/us/coronavirus-inmate-death-andrea-circlebear.html. 13 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.189 Page 14 of 59 1 and compelling reasons [for granting relief] exist” when “the defendant is . . . suffering 2 from a serious physical or medical condition . . . that substantially diminishes the ability 3 4 5 of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.” U.S.S.G. § 1B1.13 cmt. n.1(A)(ii)(I). 6 7 8 9 10 Additionally, the policy statement contains a catchall provision entitled “Other Reasons,” which provides for relief when “there exists in the defendant’s case an extraordinary and compelling reason other than, or in combination with” any other enumerated circumstance. Id. cmt. n.1(D). 11 Here, Ms. Lynch qualifies under subsection 1(A). She is “unable to provide self- 12 13 14 15 care within [FMC Carswell’s] environment” in light of the ongoing and growing COVID19 pandemic because she is unable to practice effective social distancing and hygiene to 16 minimize her risk of exposure, and if she is infected, she is more likely to develop severe 17 complications with only restricted access to medical care.19 Id. cmt. n.1(A)(ii)(I). 18 Her circumstances also qualify under subsection 1(D), the policy statement’s “other 19 20 reasons” for finding an extraordinary and compelling basis to grant relief under 18 U.S.C. 21 § 3582(c)(1)(A). The COVID-19 pandemic and Ms. Lynch’s vulnerability certainly 22 23 24 25 26 27 28 “For Women at a Federal Prison Hospital in Texas, Fear that Coronavirus Will Spread ‘Like Wildfire” The Appeal (Apr. 21, 2020), https://theappeal.org/for-women-at-a-federalprison-hospital-in-texas-fear-that-coronavirus-will-spread-like-wildfire/ (Carswell is at “more than 130 percent capacity,” “300 women to a unit,” and with limited medical supplies, including one box of masks for 300 women). 19 14 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.190 Page 15 of 59 1 constitute “other reasons.” See United Sates v. Gonzalez, 18-cr-232-TOR, Dckt. 834 at 6, 2 (E.D. Wa. Mar. 31, 2020). 3 4 Finally, the policy statement suggests granting relief only if “[t]he defendant is not 5 a danger to the safety of any other person or to the community, as provided in 18 U.S.C. 6 § 3142(g).” U.S.S.G. § 1B1.13(2). At sentencing, the Court recommended “the BOP find 7 8 9 10 her eligible for minimum custody by finding the severity of the offense is less than ‘high’ or granting her a waiver with respect to severity of the offense, the Court finds that Ms. Lynch was not told or aware of the type and amount of drug involved.” Dckt. 32 11 12 13 14 15 (Judgment and Commitment Order). Moreover, Ms. Lynch has no violent crimes on her record. PSR:8-11. She has no detainers, no disciplinary history, nor is she a management concern. APP:3-4. 16 Thus, in both the context of her offense and generally, her release would not place 17 the public at risk. See also United States v. Williams, No. 19-cr-134-PWG, 2020 U.S. 18 19 Dist. LEXIS 101054, at *13 (D. Md. June 10, 2020) (granting release to obese defendant 20 who “has one prior firearms conviction and many controlled substance convictions, he has 21 no history of conviction of a crime of violence, and with sufficient conditions of 22 23 24 supervision, he will not be a danger to the community if returned to it approximately seven months earlier than the termination of his custodial sentence.”). 25 26 27 28 15 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.191 Page 16 of 59 1 3. 2 Having established extraordinary and compelling reasons for relief, the only 3 4 5 6 7 8 9 10 The relevant factors under section 3553(a) further support this request. remaining issue is the Court’s consideration of “the factors set forth in section 3553(a) to the extent that they are applicable[.]” 18 U.S.C. § 3582(c)(1)(A). Like many offenders, Ms. Lynch presented with both mitigating and aggravating factors. She has a record that reflects her long-term issue with controlled substance use. That issue, however, appears to have been a reaction to the loss of her three-year old daughter, while in the care of her ex-husband and his new girlfriend. (Her ex was acquitted 11 12 13 14 15 of murder; the girlfriend’s charges appear to still be pending.) She is educated, has worked as a drug counselor and in other jobs. She also has family support. Ms. Lynch wants to emphasize she is not seeking to avoid just punishment. The 16 Court determined 36 months satisfied all the relevant factors. Ms. Lynch simply asks that, 17 given the COVID-19 crisis, the Court allow her to serve the remainder of that sentence in 18 19 home detention, where she is immeasurably safer than in prison. 20 To this end, Ms. Lynch has served approximately 16 months, gave birth while in 21 custody, and spent the last few months with the added stress of near-constant lockdown 22 23 24 25 26 27 due to the pandemic. Despite these stressors, she has been a model inmate. APP:3-4, 2837. She completed the Threshold Program, “demonstrat[ing] a high level of commitment to spiritual growth and personal transformation.” APP:28. Ms. Lynch has also completed courses in trauma, anger management, bible studies, religious services programs, and a 28 16 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.192 Page 17 of 59 1 variety of art classes. APP:29-37. And she was on track to complete additional courses 2 in May and June, but those have been canceled. APP:4. 3 4 Of great significance is the fact that Ms. Lynch has been unable to be seen by a 5 hematologist to address her excessive bleeding, which has been consistent since the birth 6 of her daughter in October 2019. APP:27. Specifically, Ms. Lynch notes “I never had a 7 8 9 10 follow up with the hematologist. I was ordered to follow-up with hematologist with in 6 months of having the baby in order to be medically cleared[.]” APP:27. Further, Ms. Lynch reports she has not been given her normal dosage of medication due to not seeing 11 12 13 14 15 16 17 18 19 a hematologist. APP:26. While medical staff at Carswell has consulted with hematology on various occasions in the last few months, Ms. Lynch has not seen a hematologist to address her current concerns. As such, Ms. Lynch is unable to receive the proper “medical care…in the most effective manner.” 18 U.S.C. § 3553(a)(2)(D). Indeed, this Court found another defendant, Ms. Padilla, was similarly unable to receive the necessary medical care at FMC Carswell in the midst of the pandemic. See 20 Padilla, 2020 U.S. Dist. LEXIS 102483 at *12 (defendant “unable to see doctor at FMC 21 Carswell and witnesses other individuals at FMC Carswell dying due to untreated 22 23 24 25 26 27 infections and their inability to obtain treatment.”). Perhaps most importantly, Ms. Lynch immediately enrolled in RDAP, and is currently in phase two of the Dual Diagnosis RDAP program. APP:4. Unfortunately, due to COVID-19, the RDAP program has stopped, and there is no indication of when it will 28 17 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.193 Page 18 of 59 1 resume again. This is significant for a few reasons. First, it is clear Ms. Lynch benefits 2 immensely from drug rehabilitation and treatment, given her history of drug abuse. 3 4 Second, her inability to complete drug treatment (as well as other vocational classes), 5 prevents her from receiving treatment in the “most effective manner.” See 18 U.S.C. § 6 3553(a)(2)(D) (the Court shall consider “the need for the sentence imposed …to provide 7 8 9 10 the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner”). And finally, and significantly, she will not be able to receive the sentencing reduction of up to 12 months for completing the 11 12 13 14 15 RDAP. While the prison can no longer offer the necessary treatment, if released to home confinement, Ms. Lynch will be living with her aunt and uncle in Florida who can offer 16 her the treatment she needs. Her uncle, Jim Lynch, is the CEO of Inmate Encounter, a 17 nonprofit prison ministry, focusing on inmate reentry. APP:7. He tells the Court: “I want 18 19 to be active in her transition back to society… Erica will be able to take advantage of drug 20 counselors and mentors and work side-by-side with some of our amazing public speakers 21 who conquered addiction and incarceration but are respected members of society.” 22 23 24 25 26 27 APP:7. Moreover, Ms. Lynch enjoys added support from her parents, Rhonda and Eric Lynch, who will be moving to Florida this winter so she can be surrounded by her entire family. APP:6. They have noticed a remarkable change in Ms. Lynch, telling the Court 28 18 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.194 Page 19 of 59 1 “As parents her father and I are feeling positive that real change has taken place.” APP:6. 2 They too will be able to provide emotional and financial support. APP:6. 3 4 Finally, Ms. Lynch will be reunited with her daughter, Gracelynn, who was taken 5 from her immediately after her birth. Gracelynn is a light in Ms. Lynch’s life, and provides 6 added motivation for her to remain sober and a productive member of society. 7 8 9 10 Lastly, as stated above, Ms. Lynch has release plans set in place. Upon her release, she will live with her aunt and uncle in Ormond Beach, Florida. There, she can selfquarantine for 14 days upon release, and practice social distancing within the home. 11 12 13 14 15 As noted, Ms. Lynch’s anticipated release date is March 14, 2021. According to her Individualized Release Plan, she is eligible for halfway house or home confinement placement “in a range between 121-150 days” before final release. APP:4. Thus, with 16 only 8 months left on her sentence, she is eligible for some form of release within the next 17 few months. As such, she is simply asking the Court to exercise its discretion and modify 18 19 her sentence so she may be released to home confinement 2 to 3 months earlier than she 20 already would be released. Surely the fact that granting the motion will only slightly 21 accelerate her release date reflects that the 3553(a) factors are not significantly impacted. 22 23 24 25 26 27 Accordingly, pursuant to section 3582(c)(1)(A), she asks the Court to modify her sentence to time-served and impose a term of probation or supervised release with home confinement that does not exceed the unserved portion of the original term of imprisonment. In other words, she seeks a modified sentence that would simply substitute 28 19 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.195 Page 20 of 59 1 home detention until March 14, 2021 (as a condition of supervised release) for the 2 remainder of Ms. Lynch’s anticipated prison term. 3 4 This is in line with what other district courts have been doing in similar cases. For 5 instance, in Atkinson, the court granted a sentencing modification to “credit for time 6 served” and further ordered that the defendant “serve the remaining portion of the original 7 8 9 10 term of imprisonment (as calculated by the BOP) as supervised release with the special condition that he shall be subject to home incarceration without the requirement of electronic monitoring for the time being.” Dckt. 39 at 6-7. 11 12 13 14 15 In Zukerman, the court noted that, although the defendant’s criminal “misconduct was egregious,” “[w]hen the Court sentenced [him], the Court did not intend for that sentence to ‘include incurring a great and unforeseen risk of severe illness or death’ 16 brought on by a global pandemic.” 2020 U.S. Dist. LEXIS 59588 at 15-16 (S.D.N.Y. Apr. 17 3, 2020) (citation omitted). It ordered the sentence “modified such that his remaining term 18 19 of imprisonment is replaced by an equal period of home incarceration, without electronic 20 monitoring and on such conditions as the Probation Department deems necessary, to be 21 followed by the term of supervised release previously imposed by the Court.” Id. 22 23 24 25 26 In accordance with this authority, and because it is the right thing to do, Ms. Lynch asks the Court to grant this motion under 18 U.S.C. § 3582(c)(1)(A)(i) and issue an order: (1) modifying her sentence to time-served, with a term of supervised release (or probation) 27 including a condition that she remain in home confinement until March 14, 2021, and (2) 28 directing her immediate release from FMC Carswell to live with her family in Florida. 20 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.196 Page 21 of 59 Conclusion 1 2 3 4 Ms. Lynch thanks the Court for its consideration, and respectfully requests the Court modify her sentence. Respectfully submitted, 5 6 Dated: July 10, 2020 /s/ Jeremy Warren Jeremy Warren 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.197 Page 22 of 59 APPENDIX Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.198 Page 23 of 59 . S. Depa rtment of Justice Federal Bureau of Prisons ·ede ral. edi ca.1Center. Car ,·w 11 AO. Bo.~21(166,) Strut . Bldg 3000 ar,t Worlir, Texr:M76127 June 18, 2020 MEMORANDUM FOR YNCH, ERICA G YLE Reg. o. 83558-298 FRO : SUBJECT: 1tttL__ . Carr Warden Compassionate Relea Red ct·on fo St!nt.ence , Rl ) You rcq ested a reductio · in sentenc,e (RlS) biis~ on concerns about COVID-19. All r careful cnnsidera tion, . your r qu st is denied. Title 18 of the United tates Co de, . e t ion 3S82 ( c (1)( ) a]lows a sent ncing court, on motion o the Director of the BOP , to rcd uoe a te rm ofimp ti o:mnent for extrao rd inary or compelling reaso ns. BOP Prognun Slat me:ntNo. 5050.50, Compassionate Rd asc/Redu tkm in Sentence : Procedures for lrnp lem ntation of 18 U .S.C. §§ 35.82(c)(l)(A) and 4205{g) . prov id,es guidance on the ypes of circumstances tha t present extra(l)rd" ary or compelling reasons such as the inmate's termin al med ical CCJJH.lilion ~debilitated nedical condition; status as a 'new lav elderly inmate an elderly jnnmte with med ical con ditior1s or an "o 1e elderl inmate•~ the dea th or inc..;;,1pacitation o.fthe fami[y member caregher of the inmate's chi ld; or the ·ncapacit.at ion of the ilmiate s spou se or r~gi::;tered partner. Your requ st has been evaluate d consistent ith this gener,ll gu idance . 1 The BOP is ta · g extraordim1r) measure::; · cont ain the spr~d ofCOV D -19 and tr,eat any ailedc d inmates. We reco,gniz ,e that you, like am ofus, ha e legitimate c.oncems and fears about the spr,ead and effects of the v ·1us. How er. our concern about be i ·, pot , ntially expo~ed to~ or poss 'bly con tracting, COVJD-19 does not currentl. warrant an eaT]y r Jeas c from your entence . Acc,ording ly. your RJS requ est .i:sdenied at this time. lf you are not satisfied with th i · re-p nse to yo request, you m.ay c Jmmcnce an appea l oftbis decis ion via the admini ·athe rem dy process y snbmitting your cone.ems o the appropriate form (B P-9 , ·thin 2 0 day s ofth receipt of this r. ponse. 1 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.199 Page 24 of 59 Fwd: 3582 - covid appeal question... ---------- Forwarded message --------From: Theresa Talplacido @bop.gov> Date: Mon, May 18, 2020 at 8:13 PM Subject: Re: 3582 - covid appeal question... To: Jeremy Warren Jeremy, The letter from the Warden denying reduction in sentence, compassionate release, means the client got the Warden's review. The client doesn't need to file a BP-9, Request for Admin Remedy. The Court may find that you have exhausted and can review the compassionate release on the merits. Just double check the Warden's letter to make sure it says compassionate release and not Home Confinement. These are two different requests. Home Confinement is solely under the BOP's discretion and cannot be appealed in Court. Thanks, Theresa Theresa T. Talplacido Senior Attorney MCC San Diego 808 Union Street 101-6078 For Special Legal Visits: SDC/Visiting~@bop.gov >>> Jeremy Warren 5/18/2020 3:37 PM >>> Hi Theresa, i'm hoping you have a suggestion for me. I received a letter from a BOP warden denying my request for compassionate release based on COVID-19. Under the law (18 USC 3582), before I can take it to the court, my client has to exhaust administrative remedies. Can you point me in the right direction for this? I'd appreciate any guidance! thanks. jeremy -Jeremy Warren Office: (619) 234-4433 Warren & Burstein 501 West Broadway, Suite 240 San Diego, CA 92101 wabulaw.com 2 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.200 Page 25 of 59 Individualized Plan SEQUENCE : 02176335 03- 17-2020 Reentry Plan - Program Review (Fil e copy) Dept. of J u~t i ce / Peder a l Bur ea u of Pr i sons i s for irun~t~: LrNCH, ERICA GAYLE 83558-298 Facility: Name: Register No.: Age: Date of Birth: Proj. Rel. Date: Proj. Rel. Method: T eam Date: CRW CARSWELL FMC LYNCH, ERICA GAYLE 83 5 58-29 8 32 DNA Status: CRW08897 / 08-23-2019 CIMS Status: NO 09-24-1987 03-14-2021 CIMS Reconciled: N/A 3621E COND Contact Information Emergency contact #1 RhO-'" 03-24-2020 09-14-2019 08-14-2019 07-30-2019 ~ ~t'\ -~"'9-0 Current Work Assignm ents IFaci Assignment Description Start CRW UtS ORD AM UNIT 1 SOUTH ORDERLY AM 02-13-2020 Current Education Information \Facl Assignment Description Start CRW GED STATUS UNKNOWN 0~ 22-2019 Description Start Stop ACE MAIN: EX,OFFENDER JOB HUNT FUN CRAFT CLASS RECREATION PARENT MAIN:TURNING POINTS 4 11-21-2019 11-02-20 19 09-26-2019 ART CLASS HOSPITAL BEGINNING CROCHET/ HOSPITAL 10-04-2019 10-01-2019 01-15-2020 11·26-2019 10-31-2019 10-25-2019 GED UNK Education Counies ISubFacl Action CRW C CRWMS CRWMS CRW MS CRW MS C C C C 10-22-2019 Discipline History (Last 6 months) Sentry Data as of 03-24-2020 Individualized Reentry Plan • Program Review (File Copy) Page 1 of 4 3 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.201 Page 26 of 59 Individual ized Reentry Plan • Program Review (File copy) Plan is De pt . of for inmate: Jus t ice/ Fe 6 •ral Bur e au of Pri: ona LYNCH, 8RICA OAYL~ 83558- 2 98 SEQUENCE: 0217 6 33 5 T eam Date : 03 - 17 -2 020 Prohibited Acts !Hearing Date •· NO INCIDENTREPORTSFOUND IN LAST 6 MONTHS•• ARS Assignments IFacl Assignment Reason Start Stop CRWRDAP CRWMS CRW MS A-DES A-DES A-DES TRANSFER RECEIVED OTHER AUTH ABSENCE RETURN 10-20-2019 10--02-2019 08-22-20 19 CURRENT 10-13-2019 10-02-2019 TRANSFER RECEIVED Current Care Assignments jAssignment Description Start CARE2 CARE2-MH STABLE, CHRONIC CARE CARE2-MENTAL HEALTH 12-30-2019 08-30-2019 Current Medical Duty Status Assignments !Assignment Description Start LOWER BUNK MINTRPPOCL LOWER BUNK REQUIRED MINT/RES PARENT 1/MDECLINED MRNOTIFIED REG DUTYW YES FIS MINT/RES PARENT NOTIFIED OF REGULAR DUTY W/MED RESTRICTION CLEARED FOR FOOD SERVICE 0 1-30-2020 08-29-2019 0829 -2019 10-22-2019 10-22-2019 Current PTP Assignments !Assignment Description Start RP 1 TEST RSWCOMP RESOLVE PHASE ONE SCREENING RESOLVE WORKSHOP COMPLETED 03--06-2020 03--06-2020 Current Drug Assignments jAssignment Description Start OAP PART D RES DRUG TRMT DUAL DIAG PART DRUG EDUCATION EXEMPT 11-14-2019 02-04-2020 12-19-2019 EDEXEM ELIGIBLE 18 USC 3621 RELEASE ELIGIBLE FRP Details !Most Recent Payment Plan - NO FRP DETAILS" Progress since last review Ms. Lyndl is curcently hovsed on Unit 1 South aoo ls as~ned to the Unit 1 South Orderly wo(k de,all. Ms. lynch did manage to mee, the recommendedgoals that were set from her last ProgramReview. of comp!eti f'\Qa Parenting and ACE cl3ss , To dote, she has no1acqtiired any incident reports and doos rtot seem to be a management concern. Ms. Lynch is in Phase 2 of the Dual Diagnosis ROAP Program. Next Program Review Goals GOAL: E/lroUand comi::tetean ACE class, of your choice, by May 30, 2020. Long Term Goals GOAL: GOAL: Enron and comp!ete the Smart Money dass. via the Education Department.ti{ June 21, 2020. GOAL: Maintain ctear conduct and ste.:idy job history. RRC/HC Placement Reicommeod'edPlacement in a range between 121-150 days. Consideration has been given for Five Factor Review (SooondChance Act )· • Foci!ity Resources • Offense - Prisoner • Court Statement • SentencingCommls.saon Commen ts Sentry Data as of 03-24-2020 Individualized Reentry Plan - Program Review (File Copy) Page 2 of 4 4 . . Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.202 Page 27 of 59 Individual ized Reentry Plan • Program Review (File copy) Dopt , of J\latice Plan io for inm~t~: / Federa l Burea u of Pri~onG SEQUENCE, 02176335 Team Date: 03-17•2020 LYNCH, BRICA GAYLE 83 55 8 -298 407/408 reviewedand current Jud icial Recommendations : Yes. W&St0m Aegion-Washington St:.'lteParenting progr~m or MINT, minlmum custOdy, modical a1tentioo.. Ms. Lynch is in the 2NO Phaseof the Dual Diagnosis ROAP. Sentry Data as of 03· 24·2020 Individua lized Reentry Plan • Program Review (File Copy) Page 3ol 4 5 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.203 Page 28 of 59 June 30, 2020 Honorable Judge Curiel, I am writing this letter in support of my daughter Erica Lynch. Since arriving at FMC Carswell, Erica has taken a very proactive stance on her time in prison. She is taking her drug counseling and therapy very seriously. I truly enjoy hearing about her “hard moments” of having to take stock of herself and realize that what is being shown and taught to her is essential to her being a positive role model and parent to her daughter when she gets released from prison. As parents her father and I are feeling positive that real change has taken place. We asked Erica to change her place of residence to Florida as we are going to be spending the upcoming winter there. My husband has a work opportunity and the winters are hard on him with his immune system disorder. If released early, arrangements have been made for her to stay with her Aunt and Uncle in Ormond Beach. They are receptive and excited to have her with them. Her Uncle is the CEO for Inmate Encounters in Florida and has found his life’s work in helping incarcerated individuals find their way back to productive citizens. Erica will have emotional and financial support from us as well as from the extended family. We will be following sometime between September and October. We are also looking forward to reuniting Erica with her baby. Gracelynn is a joy and a very happy and healthy baby. At every opportunity Erica sets up the video visits so she can interact with her. Gracelynn will have a positive impact on Erica as she has had on us. Erica does have several health conditions that cause us concern for her safety in a prison setting during the pandemic. She has a platelet disorder, a heart condition and a breathing issue. Alone these would not be a huge concern, (except for the bleeding), but with Covid-19, it does bring to surface that these could prove to be deadly for her if she were to get infected. We appreciate your time and thank you for reading this letter. Eric and Rhonda Lynch Photos of Gracelynn, 8 months old 6 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.204 Page 29 of 59 June 29, 2020 Dear Judge Curiel, I am writing to you on behalf of Erica Lynch, whom I understand may be eligible for early release very soon. I am Jim Lynch, Erica's uncle. I currently serve as the full-time CEO for an organization called Inmate Encounter, Inc., a non-profit 501(c)(3) prison ministry founded over forty years ago with the assistance of the Billy Graham Ministry. As you can discern, we are a faith-based ministry in Central Florida, comprised of active members from across the United States. I bring this information forward because I am intimately familiar with the importance of re-entry support in the first days, weeks, and months following release when the risk of reoffending is the highest. From years of working with transitioning inmates, I understand that community supervised strategies help improve outcomes. They also hold individuals accountable for their behaviors and advance public safety objectives. The focus on recidivism reduction drives my passion for aligning former inmates with God, reducing crime rates, reducing tax burdens, and increasing our communities' safety. As our organization works fervently in 2020 to open our first 100-person men's and women's faith-based transition facility in Central Florida called the GPS-House, I humbly am reminded that no family is exempt from the pain of failures – or the joy of victory over them, including mine. I ask the court to allow Erica to relocate to live with my wife Marcy and me in Ormond Beach, Florida, where we will come together with Erica's parents Rhonda and Eric and provide the love and support she requires as she transitions. I want to be active in her transition back to society and offer her the opportunity to work beside me as we build a place that other transitioning inmates can call home. Our organization helps with drug-related offenders leaving incarceration. Erica will be able to take advantage of drug counselors and mentors and work side-by-side with some of our amazing public speakers who conquered addiction and incarceration but are respected members of society. Erica has served in this capacity before, and I feel she is ready again to move forward with her daughter, Gracelyn, and build a bright future while helping others overcome the same struggles. I invite you to learn more about our mission at www.inmateencounter.com, and I am happy to provide you with any additional information. I am also more than willing to meet with you via Zoom or teleconference if you feel it is necessary. I can be reached by telephone 386-265-4619 opt. 2 or email address Jim@InmateEncounter.com. I am grateful for your consideration. Blessings, Jim Lynch CEO 7 FMC Carswell Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.205 Page 30 of 59 7/9/2020 A-Z Topics Site Map FOIA Search bop.gov Home About Us Inmates Locations Careers Business Resources Contact Us All visiting at this facility has been suspended until further notice. FMC CARSWELL An administrative security federal medical center with an adjacent minimum security satellite camp. NAVAL AIR STATION J ST BLDG 3000 FORT WORTH, TX  76127 Email: CRW/ExecAssistant@bop.gov Inmate Gender: Female O enders Visiting Information Population: 1,373 Total Inmates How to send things here 1,133 Inmates at the FMC Resources for sentenced inmates 240 Inmates at the Camp Phone: 817-782-4000 Judicial District: Northern Texas Fax: County: TARRANT BOP Region: South Central Region 817-782-4875 Driving Directions Job Vacancies Visiting Information Visiting Overview How to visit an inmate. This covers the basic fundamentals that apply to all of our facilities. Visiting Regulations All visiting at this facility has been suspended until further notice. Official policy at FMC Carswell that outlines the specific regulations and procedures for visiting an inmate at this facility. https://www.bop.gov/locations/institutions/crw/ 8 1/3 7/10/2020 COVID-19 Update PageID.206 Page 31 of 59 Case 3:19-cr-00951-GPC Document 37 BOP: Filed 07/10/20 The inmate totals listed do not include inmates participating in the Federal Location Monitoring program, inmates supervised under the USPO, or being held in privately managed prisons. Additionally, the reference to the FCI Butner Low below refers to an isolation unit that is physically separated from the rest of the LSCI. Facility Inmates Positive Staff Positive Inmate Deaths Staff Deaths Inmates Recovered Staff City Recovered State Seagoville FCI 668 10 0 0 0 0 Seagoville TX Butner Low FCI 550 4 16 1 115 12 Butner NC Elkton FCI 366 3 9 0 584 50 Lisbon OH Beaumont Low FCI 227 1 0 0 3 0 Beaumont TX Fairton FCI 99 1 0 0 5 6 Fairton NJ Carswell FMC 89 3 1 0 2 0 Fort Worth TX Coleman Medium FCI 85 8 0 0 1 0 Sumterville FL Victorville USP 46 3 0 0 0 0 Victorville CA Oklahoma Con rmed active cases at 92 BOP facilities and 40 RRCs 3 4 2 3 2 8 2 4 2 6 2 https://www.bop.gov/coronavirus/ 2 4 6 3 4 9 3/10 7/10/2020 COVID-19 Update PageID.207 Page 32 of 59 Case 3:19-cr-00951-GPC Document 37 BOP: Filed 07/10/20 7 2 5 5 2 6 2 2 2 6 5 Map data ©2020 Google, INEGI [Mouseover facility markers for more information. Zoom in to densely clustered marker areas to see additional locations.] COVID-19 Inmate Test Information Completed Tests 26,958 Number of inmates who have completed testing. Pending Tests 4,991 Number of inmates with pending tests and no previous completed test. Positive Tests 7,802 Number of inmates that have ever had a positive test. About the Data These data are compiled from a variety of sources and reviewed by BOP Health Services staff before documented for reporting. Not all tests are conducted by and/or reported to BOP. The number of positive tests at a facility is not equal to the number of cases, as one person may be tested more than once. The number of tests recorded per site reflects the number of persons at the specific facility who have been tested, whether at that site or at a prior facility. Facility Name No. of Inmates with Completed Tests No. of Inmates with Pending Tests No. of Inmates with Positive Tests ALDERSON FPC 37 26 0 ALICEVILLE FCI 120 7 10 ALLENWOOD LOW FCI 59 0 0 ALLENWOOD MEDIUM FCI 50 1 0 ALLENWOOD USP 11 0 0 ASHLAND FCI 40 0 0 https://www.bop.gov/coronavirus/ 10 4/10 7/10/2020 COVID-19 Update PageID.208 Page 33 of 59 Case 3:19-cr-00951-GPC Document 37 BOP: Filed 07/10/20 Facility Name No. of Inmates with Completed Tests No. of Inmates with Pending Tests No. of Inmates with Positive Tests ATLANTA USP 112 33 15 ATWATER USP 54 13 0 AVALON AUSTIN CORECIVIC (RRC) 4 1 2 BANNUM INC (RRC) 1 0 0 BASTROP FCI 148 0 0 BEAUMONT LOW FCI 207 460 230 BEAUMONT MEDIUM FCI 63 102 3 BEAUMONT USP 60 92 1 BECKLEY FCI 74 9 0 BENNETTSVILLE FCI 50 23 7 BERLIN FCI 45 1 0 BIG SANDY USP 89 6 3 BIG SPRING FCI 51 15 0 BRAWLEY RRC (RRC) 9 0 9 BRONX CCC (RRC) 1 0 1 BROOKLYN HOUSE (RRC) 6 0 6 BROOKLYN MDC 252 34 12 BRYAN FPC 22 0 1 BSSW-RRC PHX (RRC) 1 0 1 BUTNER FMC 313 2 14 BUTNER LOW FCI 1119 1 635 BUTNER MEDIUM I FCI 298 2 216 BUTNER MEDIUM II FCI 53 2 3 CANAAN USP 79 1 0 CARSWELL FMC 454 652 91 CASPER REENTRY CENTER ACC (RRC) 1 0 0 CASS COUNTY JAIL (RRC) 1 0 1 CENTRAL AZ DETENTION CENTER (RRC) 1 0 1 CHASE CENTER (RRC) 1 0 1 CHERRY STREET SERVICES INC (RRC) 1 0 1 CHERRY STREET SERVICES INC. (RRC) 7 0 7 CHICAGO MCC 551 19 128 CITY FAITH LITTLE ROCK AR (RRC) 2 0 2 COLEMAN I USP 31 4 0 COLEMAN II USP 94 21 80 COLEMAN LOW FCI 63 130 2 COLEMAN MEDIUM FCI 131 35 5 COMMUNITY EDUCATION CENTERS IN (RRC) 1 0 1 COMMUNITY EXTENDED NUCLEAR TRA (RRC) 1 0 1 COMMUNITY SOLUTIONS INC (RRC) 2 0 1 COOLIDGE HOUSE (RRC) 12 0 8 CORRECTIONAL ALTERNATIVES INC. (RRC) 4 0 2 CROSSPOINT SAN ANTONIO (RRC) 5 2 5 CSC-DISMAS CHARITIES INC (RRC) 8 0 8 CUMBERLAND FCI 51 0 5 DANBURY FCI 800 0 92 DEVENS FMC 918 0 52 https://www.bop.gov/coronavirus/ 11 5/10 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.209 Page 34 of 59 Bureau of Prisons Health Services Clinical Encounter Inmate Name: LYNCH, ERICA GAYLE Date of Birth: 09/24/1987 Encounter Date: 05/27/2020 10:25 Sex: F Race: WHITE Provider: Shackelford, Janet M.D. Reg #: 83558-298 Facility: CRW Unit: H03 Physician - Follow up Visit encounter performed at Health Services. SUBJECTIVE: COMPLAINT 1 Provider: Shackelford, Janet M.D. Chief Complaint: OB/GYN Subjective: 32 y/o G4 P2 L1, s/p svd 10/18/2019 PLATELET QUALITATIVE DEFECT -- HEMATOLOGY RECOMMENDED POST PARTUM AMICAR, and currently on medication G1 2005 spontaneous miscarriage G2 6/8/2008 40 weeks labor 5-6 hr female 8 lbs epidural , heavy post partum bleeding no transfusion G3 2012 elective Ab G4 10/18/2019 svd Pain: COMPLAINT 2 PMH: --Leaky heart valve, asymptomatic echo done 9/26/19 results pending. --depression both sides of family, no suicidal thoughts but anxious since incarcerated --Transfusions/heavy bleeding after procedures PSH: --Cone biopsy , cryosurgery x2 or more. Colposcopy. Laparoscopy x 2 for benign ovarian cysts --2015 Cholecystectomy SOCIAL: Used heroin/methamphetamine stopped around 2/2019. h/o smoking ALLERGIES: iodine, silver nitrate, fish (unsure type occ rash occ throat feels tight) dilaudid S/p svd on 10/18/2019 given Amicar IV prior to delivery and s/p of delivery Recommendations for Amicar 4000 mg by mouth every 30 days with onset of menses due to bleeding disorder LABS: 1/2017 CMP WNL 8/27/19 pap NILM HPV neg 10/2019 echo EF 55% mild/mod TR and MR 3/2020 declined mammogram. Per patient technician told her axillae not evaluated. 4/8/2020 hgb 13.0 Not Applicable Provider: Shackelford, Janet M.D. Chief Complaint: OB/GYN Subjective: 5/27/20 LMP 1 week ago. menses come month x 7-8 days x heavy. Intermentral spotting between periods. Per patient this bleeding pattern has occurred her entire life. On the outside she took Amicar 500 mg daily not for 8 days during a menses. Without amicar she has intermenstral spotting/light bleeding and first few days of menses are very heavy. With 500mg Amicar daily, no intermenstral bleeding and menses lighter. Now she takes the Amicar 500 mg x 8 days during menses and helps but takes a few days to work. Will check with hematologist to see if can take amicar daily. Tried depo provera and with amicar still have heavy irregular bleeding. Tried a triphasil bcp which worked better and since IUDs not available at bop she would like to start the bcp again. Risks of stroke, MI, clots, liver tumor and gallstones reviewed. Generated 05/27/2020 10:46 by Shackelford, Janet M.D. Bureau of Prisons - CRW 12 Page 1 of 3 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.210 Page 35 of 59 Inmate Name: LYNCH, ERICA GAYLE Date of Birth: 09/24/1987 Encounter Date: 05/27/2020 10:25 Reg #: 83558-298 Facility: CRW Unit: H03 Sex: F Race: WHITE Provider: Shackelford, Janet M.D. Patient states has had a nodule in her right axillae for a few years , even before this last pregnancy. It may have grown a little. Outside provide thought it was a vein. Today exam no breast nodules. A soft smooth mobile area about .5 x 2 cm palpable in axillary area. Likely prominent LN. Will order breast and axillary u/s to evaluate. Has an aunt with breast cancer. Not Applicable Pain: OBJECTIVE: Temperature: Date 05/27/2020 Time 09:57 CRW Fahrenheit 98.0 Celsius Location 36.7 Provider McNeely, Sheri LPN Pulse: Date Time Rate Per Minute 05/27/2020 09:57 77 Location Rhythm Provider McNeely, Sheri LPN Respirations: Date Time Rate Per Minute Provider 05/27/2020 09:57 CRW 17 McNeely, Sheri LPN Blood Pressure: Date Time Value 05/27/2020 09:57 CRW 127/78 Location Position Cuff Size Provider McNeely, Sheri LPN SaO2: Date 05/27/2020 Time 09:57 CRW Value(%) Air 98 Room Air Provider McNeely, Sheri LPN Weight: Date 05/27/2020 Time 09:57 CRW Lbs 192.5 Kg Waist Circum. Provider 87.3 McNeely, Sheri LPN Exam: General Affect Yes: Pleasant, Cooperative Appearance Yes: Appears Well, Alert and Oriented x 3 No: Appears Distressed Musculoskeletal Tibia / Fibula No: Edema Breast Breast Tissue Yes: Normal Exam, Nodules, Axillary Lymphadenopathy Nipple Yes: Normal Exam ASSESSMENT: Generated 05/27/2020 10:46 by Shackelford, Janet M.D. Bureau of Prisons - CRW 13 Page 2 of 3 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.211 Page 36 of 59 Inmate Name: LYNCH, ERICA GAYLE Date of Birth: 09/24/1987 Encounter Date: 05/27/2020 10:25 Sex: F Race: WHITE Provider: Shackelford, Janet M.D. Reg #: 83558-298 Facility: CRW Unit: H03 Abnormal uterine and vaginal bleeding, unspecified, N939 - Current Benign neoplasm of unspecified breast, D249 - Current Disease of blood and blood-forming organs, unspecified, D759 - Current PLAN: New Medication Orders: Rx# Medication Norethindrone/Ethinyl estra + Fe 1/20 Tab Prescriber Order: one tablet Orally - daily x 360 day(s) Order Date 05/27/2020 10:25 Indication: Abnormal uterine and vaginal bleeding, unspecified New Laboratory Requests: Details Frequency Lab Tests - Short List-General-CBC w/diff One Time Lab Tests - Short List-General-Ferritin New Radiology Request Orders: Details Frequency End Date Ultrasound-Breast-General [Bi] One Time Specific reason(s) for request (Complaints and findings): Due Date 09/08/2020 00:00 Priority Routine Due Date Priority 07/01/2020 Routine 32 y/o female with nodule about .5 x 2 cm in right axillary area for few years. check if lymph node or cyst. Disposition: Follow-up at Sick Call as Needed Will Be Placed on Callout Other: start bcp with next menses Patient Education Topics: Date Initiated Format 05/27/2020 Counseling Copay Required:No Telephone/Verbal Order: No Handout/Topic Plan of Care Provider Shackelford, Janet Outcome Verbalizes Understanding Cosign Required: No Completed by Shackelford, Janet M.D. on 05/27/2020 10:46 Generated 05/27/2020 10:46 by Shackelford, Janet M.D. Bureau of Prisons - CRW 14 Page 3 of 3 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.212 Page 37 of 59 Bureau of Prisons Health Services Clinical Encounter - Administrative Note Inmate Name: Date of Birth: Note Date: LYNCH, ERICA GAYLE 09/24/1987 05/26/2020 12:51 Sex: F Race:WHITE Provider: Shackelford, Janet M.D. Reg #: Facility: Unit: 83558-298 CRW H03 Admin Note - Chart Review encounter performed at Health Services. Administrative Notes: ADMINISTRATIVE NOTE 1 Provider: Shackelford, Janet M.D. Patient c/o irregular vaginal bleeding for months. Taking Amicar for qualitative platelet disorder. Checked with hematology and no contraindication to oral/IM birth control or oral provera and possible tranexamic acid may be helpful with Amicar with menses. But was morbidly obese last weight check. Will put on call out to better clarify menses. 4/8/20 hgb 13.0 and order f/u CBC. New Laboratory Requests: Details Lab Tests - Short List-General-CBC w/diff Copay Required:No Telephone/Verbal Order: No Frequency One Time Due Date 06/03/2020 00:00 Priority Routine Cosign Required: No Completed by Shackelford, Janet M.D. on 05/26/2020 13:10 Generated 05/26/2020 13:10 by Shackelford, Janet M.D. Bureau of Prisons - CRW Page 1 of 1 15 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.213 Page 38 of 59 16 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.214 Page 39 of 59 17 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.215 Page 40 of 59 .l'rica Lynch [09/24/1987] {AGB: 31]f !IN: 2435] Page 1 of 6 John R Wilkinson, M.D. Hematology Oncology Diplomat 5555 Reservoir Drive #'l07 San Diego, CA 92120 Office: (619) 255-1754 Fax: (619)286-4355 CONFIDE TIAL MEDICAL RECORDS PATIBNT: .Al)DRBSS: Erica Lynch Geo Secure San Diego, Services CA 92101 DOB: 09/24/1987 AGB: 31 SSllh HOHB: CBLL: COVBRAGB: PROVIDBR: IIJlll't PRBPARBR: John R. Wilkinson, M.D. DATS:1 TIMB: MD John R. Wilkinson, 5555 Reservoir Drive #207 San Diego, CA 92120 2435 08/01/2019 01:31' PM PBOIIB: 619-255-1754 I'll: 619-286-4355 MESSAGB1 PLAN: 1) repeat von Willebrand disease panel "van Willebrand Comprehensive Panel 2 11 Quest Diagnostics Includes Partial Thromhoplastin Time, Activated Factor VIII Activity, Clotting van Willebrand Factor Antigen Ristocetin Cofactor van Willebrand Factor Collagen Binding Assay von Willebrand Antigen, Multimeric Analysis 2) Order epsilon ~IIW-nocaproic acid (Amicar) LIQUID Amicar ml= 5 grams po q 6 hrs x 24-48 hrs post delivery. 3) Follow up in 2 weeks on August 13, This document is intended only for the use is confidential and privileged. If you are far delivering this document to the intended distribution or copying of this document or If you have received this document in error, Erica Lynch [0.9/24./1987) [AGB: 31) [NRN: 24.3.!5] 2019 at Test (1.25 Code 15540 grams/Sml) give 20 0800. ~, of the named recipient(sl and contains ·~ at~~\'lm:at not the intended recipient, or you are ot re,¥Mi"sible recipient, you are hereby notified that any dissemination any information contained herein is strictly prohibited'. please notify the sender immediately. 18 Page 1 of 6 Case 3:19-cr-00951-GPC Document 37 Filed 07/10/20 PageID.216 Page 41 of 59 Brica John Ly.D.cb [09/24/1.987] a~ Wilkinson, [AGB: 31]i r 2435] DI': ND Page 2 of fi Pr ob l em Li st Chronic Problems IDBSC:~~-P!~ .0! n a 11 .l i VI' •Indicates ___ - --- --- DIAGNOSIS plat:.E-l 069.l Medication Medication List/ Allergy List/ ·-·-·-·-···--·-·-·--·-·-- -· ---------- I UNKNOWN I Information - -- l-2- ---------------po q 4 hra pm insomia . ·-·········· Recorded date - ONSBT ?JATB Information diphenhydrAMINE 25 mg [capsule] [Substitutions Permitted] .il.'llicar 1.. 25 g/ 5 mL [syrup] [Substitutions Permitted] Allergy an approximate LIQUID Amicar (1.25 grams/5ml) give 5 grams po q 6 hrs x 24-48 hrs post delivery. - - legs -- ·------..--.-·---····--··.... or restless 08/0l/2019 20 ml= 08/01/2019 Allergies RDCTIOU : .A.LLBROBJII' Iodine Mild silver nitrate UNKNOWN topical tJNKNOWN j Dilaudid UNI