Journal Entry: Robert Jesenik-07/05/2024-Journal #26

Journal Entry

Saturday, June 29

Decided to make most of the day an R & R day. So after 9:30-11 lockdown and lunch, worked out 12-3, another lockdown/dinner and movie 6-8. Some reading after and lights out!

As I approach my 6 months on July 4th, I’m thinking it’s time to define my goals and targets for myself. Once my appeal is filed, all my time frees up on legal stuff for the most part, and other than the ABT book, I’ll need some other targets for myself. Michael Santos does a great job in several of his books outlining his priorities as an example. I think I’ll be borrowing a few:)

Sunday, June 30

Well, nothing like a little staffing shortage to mess up a beautiful morning. So we had an extra lockdown from 7-8, then the normal from 9:30-11. Messed up our plans to be at the library from 7-11, oh well no book progress today. Church, Spanish, and evening workout that’s about it.

Funny how excited everyone is about several of the Supreme Court rulings, especially the Chevron case. One legal email said, “Goodbye Chevron, Hello BOP”. Apparently inmates have lost 1500 cases due to Chevron deference relating to time reduction on Second Chance and First Step Act as the BOP won’t or inaccurately calculates them based on “their rules”. These rules come to be if the Act itself doesn’t specify something, so the courts then allow an agency like BOP to make their own rules based on Chevron deference. With Chevron reversed, now the courts will have to agree with the inmate or BOP each time and make the rules per the judge’s view, not BOP’s. Thus the excitement!

I’ve witnessed first hand inmates not getting their pre-custody release(halfway house) on time, one waiting 2 years and I can’t figure out why, as all the BOP seems to do is excuse performance due to understaffing. Seems they could kill 2 birds with one stone here- follow the statutes, get inmates out earlier and reduce count, which then improves staffing levels per inmate and things run smoother. Oh well…..

Monday, July 1

Productive day overall. Finally finished and copied 4 sets of my BP-9 for my medical treatment. Will be interesting to see how the Warden responds!

Also made great progress summarizing my case law on fraud and jury instructions around my appeal themes. Only 15 handwritten pages:) I definitely need to get it typed!

Tuesday, July 2

This past week I’ve been reading The Strength of His Hand, a non fiction novel that brings to life the history of Judea in 160-180 AD as the Bible describes in Kings I and II, and Chronicles I and II. King Hezekiah is the focus and I find it fascinating to read the book and compare to the scripture. The book really brings the history to life as compared to the dry scripture. Reminds me when we took the kids to Europe and went to Ephesus in Turkey. At the end of the day we went back on the cruise boat and opened the Bible and read scripture to the kids of Mary’s house and Ephesus, bringing it all to life for the kids everything we had seen earlier in the day. This author Lynn Austin has a series of 5 books like this one, so I look forward to reading all of them!

Finally handed in my BP-9 on medical treatment. Guess I’ll see what kind of administrative response I get. Watching Derek, I’m slowly coming to the opinion, unfortunately, that the only way to get things that an inmate is entitled to is thru attorneys and litigation. Or just do the alternative and wait until the BOP finally moes you out ont ehir timing. Really shouldn’t have to be this way.

Wednesday, July 3

Absolutely beautiful weather right now- 80 degrees with 5-10 mph breezes, 55 at night. Evenings for working out are gorgeous and the workouts go so quickly now!

It’s kind of weird to be limited to $25 at commissary for 90 days. But the process for going is the same, still takes 2 hours first thing in the morning and as silly as it sounds, changes the whole schedule for literally everyone as it runs till 1 pm.

I can’t even barely write about the mistreatment of two inmates yesterday, one by his case manager, the other by guards at Victorville before he arrived here. It’s so frustrating to hear about, let alone be that prisoner, with so little remedy to address. I hear stories by folks almost daily around here. On the outside you can always go somewhere to fix things, call customer service, an attorney, someone’s boss, whatever. Here, nowhere, and if you complain, God help you as you will likely get retribution. Employees really hate it when one goes to their supervisor even though they didn’t do what they said they would or should. I wish they had body cams with recordings it would make a huge difference for management and the inmate.

Ran into an inmate weight lifting the other night from Canada, here for drugs. As we chatted, he shared he is trying to get back to Canada to finish his 5 year sentence under a US/Canada treaty. Apparently up there they allow parole after 1/3 the time served, worst case would save me 5 years. Going to do more diligence for sure as I’m a dual citizen!

Thursday, July 4th

Happy 6 month anniversary to me! Well after a slow start, these past couple months have flown by, which is a good thing I guess. No use whining what a lousy Holiday today was, it is what it is.

Since the 4th is on a Wednesday, we have weekend schedule Friday-Sunday, which means no library till Sunday, only Yard and movie Saturday evening or TV/reading.

Supposed to be 87 both Saturday/Sunday, but with the wind breeze, its still very comfortable during the day, and 50’s at night, really nice. Been a pleasant surprise to have our Unit stay cool during warm weather as a result!

I finished my letter to the CEO of the BOP, outlining ” A Better Tomorrow” and the potential of partnering together plus enclosing my BP-9. I’ll copy her on my BP-10 as well. After 6 months here and notifying staff of my medical issue with no response by staff, medical indifference becomes real. Too bad that’s the case, but according to the office of Inspector General, its prevalent everywhere….

Friday, July 5

Still on Holiday schedule, so went outside 3 times; 8-9 on the track,12:30-3 with Derek pushing him around the track which is a good workout, and 6:30-7:30 for weights. And all with gorgeous weather!

Helped Derek think through his settlement memo he has to write and file in 3 weeks, followed by a conference with the Judge and BOP, same Judge Simon I had. Small world! Also spent time discussing how I get release or move to camp or home confinement.

Helping our new “guy” get to work on his BP-8 appeal . At 67 and a CPA,trying to help him get more aggressive to handle his challenges. Started with showing him all my work on the appeal and encouraging him to write the same for his case. He seems willing which is good sign. Derek is also helping the cause.Will be interesting to see where this goes!