Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sanders

United States District Court, D. New Mexico

May 9, 2018

UNITED STATES OF AMERICA. Plaintiff/Respondent,
v.
JENNIFER SANDERS, Defendant/Movant.

          MEMORANDUM OPINION AND ORDER DENYING MOTION FOR JUDICIAL RECOMMENDATION

          ROBERT C. BRACK UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court on the Pro Sc Motion for Judicial Recommendation filed by Defendant/Movant, Jennifer Sanders, on May 2, 2018. (Doc. 308.) The Court will deny the Motion as premature.

         THE LAW REGARDING THE SECOND CHANCE ACT

         By statute, the Bureau of Prisons ("BOP") is directed to transfer prisoners to a residential reentry center ("RR.C") as they approach the end of their sentences, in an effort to better prepare the inmates for reentry into the community. 18 U.S.C. § 3624(c); Ciocchetti v. Wiley, 358 Fed.Appx. 20, 22 (10th Cir. 2009). Prior to 2008. the maximum amount of time available for prerelease residential reentry was six months. Garza v. Davis, 596 F.3d 1198. 1202 (10th Cir. 2010). The Second Chance Act of 2007 increased the maximum time available for pre-release RRC placement from six months to twelve months. See 18 U.S.C § 3624(c)(1).

         Section 3624(c) requires that:

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 lo and prepare for the reentry of that prisoner into the community. Such conditions may include a community correctional facility.

18 U.S.C. § 3624(c)(1). Under the Act, the BOP is required to conduct an individualized assessment of each inmate to determine when the inmate should be placed in an RRC, ensuring that the inmate's time in an RRC is "of sufficient duration to provide the greatest likelihood of successful rcintegration into the community." hi. at § 3624(c)(6)(B)-(C). The Second Chance Act also requires that the BOP consider the five factors listed in § 3621(b) when determining whether and when an inmate is sent to an RRC. Id. at tj 3624(c)(6)(A). These factors are:

(1) the resources of the facility contemplated:
(2) the nature and circumstances of the offense:
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence-
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.