Opinion
2:13-cr-0337-JAD-GWF
05-06-2022
United States of America, Plaintiff v. Keith Michael Costa, Defendant
ORDER DENYING REQUEST TO AMEND JUDGMENT BUT RECOMMENDING DESIGNATION TO A CALIFORNIA FACILITY [ECF NO. 50]
U.S. DISTRICT JUDGE JENNIFER A. DORSEY
In May 2014, this court sentenced Keith Michael Costa to 180 months' imprisonment on his convictions for carjacking and unlawful possession of a firearm. At sentencing, the court granted Costa's request and included in the judgment a non-binding recommendation to the Bureau of Prisons (BOP) that Costa be designated to serve his sentence in Arizona. He now asks the court to enter an amended judgment, with a revised recommendation to the BOP that Costa be designated to serve his sentence in a facility near Sacramento, California.
ECF Nos. 36, 37.
ECF No. 37 at 2.
ECF No. 50 at 2.
As the government points out, however, this court's short time window for amending its judgment has long passed. But the court may still make a recommendation to the BOP without amending the judgment. Costa explains in his motion that his federal time has not yet commenced because he's been serving a state-court sentence since my last recommendation. And he further explains that his circumstances have changed, and he believes that a facility in California, preferably in the Sacramento area, will “contribute to” his “rehabilitative efforts” and allow him “to be closer to his family and other members of his positive support system once he is transferred from state to federal custody.”
See, e.g., United States v. Ceballos, 671 F.3d 852, 855 (9th Cir. 2011) (holding that the district court lacked jurisdiction to amend the judgment eight days after sentencing to add a BOP placement recommendation).
ECF No. 50 at 2.
Good cause appearing, IT IS HEREBY ORDERED that Costa's motion to amend the judgment [ECF No. 50] is GRANTED IN PART and DENIED IN PART. Though the court does not amend the judgment, it hereby recommends to the BOP that Keith Michael Costa be designated to serve his sentence at a facility near Sacramento, California.
The Clerk of Court is directed to forward a copy of this order to this district's U.S. Probation Office to provide to the Bureau of Prisons.