United States District Court, N.D. Ohio, Western Division
G. Carr, Sr. U.S. District Judge.
pleaded guilty to and was convicted of conspiring to provide
material support to terrorists in violation of 18 U.S.C.
§ 2339A. His base offense level was 43 (deemed 52 for
sentencing purposes). Defendant had never been arrested
before this offense, but received a criminal history category
of IV due to the nature of the crime. This resulted in a
Guideline Range of 360 months to life imprisonment.
sentenced defendant on June 10, 2010, to a term of 120
months, with three years supervised release to follow. The
defendant's “out date” is August 17, 2018.
filed a pro se “Motion Requesting a Judicial
Recommendation Concerning Length of RRC/Halfway House
Placement.” (Doc. 207). The government opposes the
motion. (Doc. 208).
reasons that follow, I grant the motion and recommend that
the Bureau of Prisons forthwith arrange for the
defendant's release to a halfway house in his hometown,
U.S.C. § 3624(c)(1) authorizes the Bureau's Director
to assign an inmate during the last months of his term (not
to exceed twelve months) to a halfway house:
The Director of the Bureau of Prisons shall, to the extent
practicable, ensure that a prisoner serving a term of
imprisonment spends a portion of the final months of that
term (not to exceed 12 months), under conditions that will
afford that prisoner a reasonable opportunity to adjust to
and prepare for the reentry of that prisoner into the
community. Such conditions may include a community
house placement is “a mechanism to reduce
recidivism.” (Doc. 207, Ex. 2 (Bureau of Prisons
Director's Memorandum for Chief Executive Officers:
“Revised Guidance for Residential Reentry Center (RRC)
Placements”)). The Second Chance Act instructs that an
inmate's placement should be “of sufficient
duration to provide the greatest likelihood of successful
reintegration in the community.” 18 U.S.C. §
3624(c)(6)(C). Although the Director is ultimately
responsible for defendant's placement, the Bureau must
consider “any statement” I make
“recommending a type of penal or correctional facility
as appropriate.” See 18 U.S.C. §
government's principal contention appears to be that the
defendant, in light of the nature of his conviction, deserves
no leniency and should not return to his home community until
the latest date (usually six months prior to expiration of
the term) as of which the Bureau would place him in the
halfway house to prepare for release from custody.
disagree with the government for several reasons.
the government says I do not know what the defendant's
conduct has been in prison. So saying, the government ignores
the courses that defendant has taken on subjects as diverse
as Aquiculture and Organic Farming to Computer Applications,
Financial Literacy, and Technology 101 to Stress Management
and Decision-Making to College Correspondence Courses and
the point, the government offers no evidence as to the
defendant's conduct, good or bad, while in custody. But
the government certainly could have found out what his record
as an inmate was. Its silence in that regard is telling.
with an “out date” one month short of two years
before his imposed term ends on July 12, 2020, it is readily
apparent that the ...