Opinion
4:21-CR-06012-SAB-1
11-04-2022
UNITED STATES OF AMERICA, Plaintiff, v. CODY ALLEN EASTERDAY, Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO AMEND JUDGMENT
Stanley A. Bastian Chief United States District Judge
Before the Court are Defendant's Unopposed Motion To Re-Assign Federal Bureau Of Prisons Designation ECF No. 75 and related Motion to Expedite, ECF No. 76. The motion was heard without oral argument. Defendant is represented by Carl Oreskovich. The United States is represented by Russell Smoot, Brian Donovan, and John “Fritz” Scanlon.
Defendant requests that the Court amend its judicial recommendation for the Bureau of Prisons designation in the Judgment from FCI Sheridan to USP Lompoc. Defendant indicates the United States takes no position with respect to his request.
Generally, the Court is willing to make recommendations to BOP regarding placement as requested by a defendant with the caveat that the Court recognizes the ultimate responsibility for the placement of a particular defendant always lies with the Bureau of Prisons. With this caveat, the Court will grant Defendant's motion.
Accordingly, IT IS ORDERED:
1. Defendant's Unopposed Motion To Re-Assign Federal Bureau Of Prisons Designation ECF No. 75, is GRANTED.
2. Defendant's Motion to Expedite, ECF No. 76, is GRANTED.
3 The Court will file an amended judgment amending the Court's recommendation to BOP from FCI Sheridan to USP Lompoc.
IT IS SO ORDERED. The District Court Executive is directed to file this Order and provide copies to counsel and U.S. Probation.