United States District Court, S.D. Ohio
OPINION AND ORDER
A. SARGUS, JR. CHIEF JUDGE
matter is before the Court on Defendant's pro se
Motion Requesting a Judicial Recommendation Concerning Length
of Residential Re-Entry Center/Halfway House Placement. (Def.
Mot., ECF No. 175.) For the reasons that follow, the
Motion is DENIED.
Young was arrested while driving, on September 27, 2004. He
was intoxicated and had been driving erratically, and
numerous bags of crack and powder cocaine and a loaded gun
were found in his car. He was convicted following a jury
trial on two drug-related charges, and was sentenced to an
aggregate term of imprisonment of 240 months under the United
States Sentencing Guidelines, based in part on his criminal
history (Category VI). On December 22, 2015, this Court
reduced Defendant's sentence to 204 months, upon
consideration of amendments to the Sentencing Guidelines.
(ECF No. 166.)
most recent motion follows a letter he sent to the Court (ECF
No. 173), seeking a recommendation from this Court concerning
internal programs conducted by the Bureau of Prisons
("BOP"). In his letter, he states that he signed up
for the Residential Drug Abuse Program ("RDAP"),
and he seeks this Court's recommendation regarding early
My problem is when I signed up [for RDAP] I was told I would
receive the year off, because I didn't have a firearm
violation nor did I actually receive an enhancement. Now I
have been informed they have changed the rules (enclosed) and
I may be eligible if I qualify for the new change and the
court recommends the reduction.
(Letter, ECF No. 173). Similarly, Defendant's Motion
seeks "a Judicial Recommendation concerning the length
of Residential Re-entry Center/Halfway House Placement."
(Motion, ECF No. 175, at p. 1.) Specifically,
Defendant states that
Petitioner needs hands-on training assistance that is
available only at a Residential Re-entry Center. Petitioner
acknowledges that the Court's recommendation is advisory
and not binding on the BOP and only moves this Court for a
recommendation for the 12 months RRC placement. Petitioner
states that he is in need of the 12 month period of RRC to
help reintegrate into society.
sister Court discussed this program in Qaiyim v.
Farley, Case No. 1:1 l-cv-430, 2011 WL 3566852 (N.D.
Ohio, Aug. 15, 2011), and explained:
By statute, the BOP is tasked to provide each prisoner the
opportunity to participate in residential substance abuse
(RDAP) treatment in his place of confinement. See 18
U.S.C. §§ 3621(b), (e)(1). Two incentives are
provided to prisoners who successfully complete an RDAP.
First, the Director of the BOP has discretion to modify the
conditions of the prisoner's confinement. See 18
U.S.C. § 3621(e)(2)(A). Second, and at issue here, the
statute provides that certain prisoners may be eligible for
early release from their sentences. Specifically, the statute
The period a prisoner convicted of a nonviolent offense
remains in custody after successfully completing a treatment
program may be reduced by the Bureau of Prisons, but such
reduction may not be more than one year from the term the
prisoner must otherwise serve. 18 U.S.C. §
Whether early release is granted is, as the permissive
"may" suggests, clearly at the discretion of the
BOP. See Lopez v. Davis, 531 U.S. 230, 241 (2001).
Therefore, the BOP retains the discretion to deny early
release even where a prisoner successfully completes the
RDAP. See McLean v. Crabtree, 173 F.3d 1176, 1182
(9th Cir.1999); Orr v. Hawk, 156 F.3d 651, 653-54
Id. at** 1-2.
Court noted above, the Supreme Court has held that the BOP
has discretion under 18 U.S.C. § 3621 to promulgate
regulations, including regulations categorically denying the
early release incentive associated with RDAP to prisoners who
possessed a firearm in connection with their offenses, and
that it was reasonable for the BOP to do so. See Lopez v.
Davis,531 U.S. 230, 241 (2001). In the case
subjudice, Defendant does not claim that he has been
denied early release consideration; rather, he asks this
Court to make a recommendation to the BOP. Such an action is
outside of this ...