Opinion
Crim. No. 11-858 (KSH)
06-20-2012
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW KLUGER Defendant.
ORDER ON POST-SENTENCING
REQUESTS
Katharine S. Hayden, U.S.D.J.
This matter comes before the Court pursuant to requests made by defendant Matthew Kluger to alter his judgment of conviction and amend his presentence report. Specifically, he requests that the Court: (1) exempt funds he receives from his family from the Inmate Financial Responsibility Program; (2) reduce his sentence so he may begin to serve in a prison camp or waive the public safety factor as it pertains to his current sentence so that he is immediately eligible for assignment to a camp; and (3) amend his presentence report to include his doctor's recommendations for his medical care.
The Court denies Kluger's request to exempt family-donated funds from the Inmate Financial Responsibility Program. Kluger has failed to provide any compelling reason for the Court to include a special payment plan in his case.
For the reasons set forth in the Court's decision at the time of sentencing, the Court also denies Kluger's request for a reduction in his sentence or a waiver of the public safety factor. In sentencing Kluger to 144 months the Court acknowledged that the Bureau of Prisons would not designate him to a prison camp facility, and that his eligibility for the same would be determined based upon the Bureau's policies and regulations. The Court will not deviate from the sentence imposed.
Finally, pursuant to Fed. R. Crim. P. 32(d)(2)(G), which provides for input from the Court with respect to the contents of the presentence report, the Court grants Kluger's request to have his presentence report amended to include Dr. Scheifer's letter of June 1, 2012.
SO ORDERED.
___________________________
Katharine S. Hayden, U.S.D.J.