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DOJ ‘Aggressively’ Hammers BOP Guard With 24-Month Sentence for Sex Abuse – Update for May 30, 2024

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

FORMER BOP OFFICER GETS 24 MONTHS FOR SEXUALLY ABUSING INMATES

wetnoodle220906The DOJ issued a press release last week lauding a draconian 24-month sentence imposed on a former BOP correctional officer for having sexually assaulted two female inmates at FCI Aliceville (Alabama).

“Robert Smith has been held to account for abusing his position of trust by sexually assaulting an adult in his custody,” a press release quoted Deputy Attorney General Lisa Monaco as saying. “The Department will continue to hold accountable any BOP employee who violates their oath to protect those in their care through sexual assault.”

Assistant AG Kristen Clarke was quoted as declaring that “the Justice Department will continue to aggressively prosecute those who violate the civil and constitutional rights of people detained in correctional facilities.”

hammertime200818By comparison, the Government sought almost as much time–20 months–for former Baltimore prosecutor Marilyn Mosby, convicted of what the prosecutor admitted was the victimless crime of lying about her need to be allowed to withdraw her own money from a pension plan during COVID. (She got probation).

According to the U.S. Sentencing Commission’s Interactive Data Analyzer, in FY 2023, only 5% of people convicted of sexual abuse in the federal system got a sentence of five years or less.  The mean sentence for sexual abuse was 213 months, with the median being 180 months.

Meanwhile, U.S. District Judge Yvonne Gonzalez Rogers (N.D. Cal.) has set a June 2025 trial date on a class action suit by former FCI Dublin inmates on claims the agency knew of and maintained a system allowing officers to sexually abuse and mistreat inmates.

DOJ, Former Federal Bureau of Prisons Corrections Officer Sentenced for Sexually Abusing Inmate in His Custody (May 23, 2024)

AP, Baltimore’s former top prosecutor spared prison for mortgage fraud and perjury (May 24, 2024)

Courthouse News Service, Feds headed to trial on abuse claims from shuttered Bay Area prison (May 22, 2024)

– Thomas L. Root