Opinion
Criminal 18-cr-00781
05-24-2022
UNITED STATES OF AMERICA Plaintiffs v. JEFFERSON SANCHEZ BOP Inmate No. 85558-054, Defendant
MOTION REQUESTING A JUDICIAL RECOMMENDATION CONCERNING LENGTH OF RRC/HALFWAY HOUSE PLACEMENT
LEWIS A. KAPLAN, USDJ
COMES NOW, the Defendant, Jefferson Sanchez, pro se and unskilled in the field of law, and respectfully moves this Honorable Court to recommend that the Bureau of Prisons ("BOP") afford the Defendant the maximum Residential Re-entry Center ("RRC")/halfway house placement time of 12 months preceding the end of his sentence. In support thereof, Defendant states as follows:
1. On April 22, 2021 Defendant was sentenced by this Court to a term of twenty four plus five (29) months imprisonment followed by a term of three years of supervised release.
2. The First Step Act requires the BOP to put lower-risk, lower-needs people in home confinement for the full amount of time permitted under current law (10 percent of the person's sentence or 6 months, whichever is less). The Second Chance Act allows eligible inmates to be released to a Halfway House for a maximum of 12 months, and part of that time can be spent in Home Confinement, (See bolded first sentence above). Mr. Sanchez is a lower-risk, lower-needs inmate.
3. Pursuant to the Second Chance Act of 2007 ("SCA") the BOP may place a defendant into RRC/halfway house up to twelve months prior to his/her release date if it is determined that Mr. Sanchez's placement in a halfway house is of "sufficient duration to provide the greatest likelihood of successful reintegration into the community. "
4. The criteria that the Bureau of Prisons is to consider in assessing an individual applicants' eligibility for up to twelve months of RRC/Halfway House are: any statement made by the Court concerning the purposes that warranted a sentence to imprisonment and recommending the type of correctional facility that would be appropriate. 18 U.S.C. 3621(b)(4)(A), (B). (See Exhibit la - Granted 12 month RRC motions). An RRC/halfway house is a correctional facility with superior transitional programs to help inmates rebuild their ties to the community.
5. Title 18, United States Code, section 3582(c) provides that a "court may not modify a term of imprisonment once it has been imposed except" in very limited circumstances, and Mr. Sanchez is not asking the court to modify the sentence. He is asking the Court to simply change the place of incarceration of the sentence per the Second Chance Act, a federal law.
6. Mr. Sanchez is currently housed at FCI Fort Dix, Joint Base MDL in New Jersey 08640. His release date is April 2, 2023, and an RRC placement will not affect this.
7. According to Federal Bureau of Prisons' Memorandum for Chief Executive Officers, June 24, 2010, (see Exhibit lb: Revised Guidance for Residential Reentry Center (RRC) Placements) Extended Pre-Release RRC/Halfway House time decisions "are to focus on RRC placement as a mechanism to reduce recidivism".
8. Mr. Sanchez is 38 years old. He is young enough to be reformed and rejoin law-abiding society with all the help available from prolonged placement at a federal halfway house.
9. Mr. Sanchez does not have promotional vocational prospects waiting without retraining assistance at a federal RRC.
10. The purpose of the Second Chance Act of 2007 is to improve the reintegration of offenders back into their respective communities and to reduce recidivism. While ultimately left to the discretion of the BOP, RRC/halfway house placement must be
(A) conducted in a manner consistent with section 3621(b) of this title;
(B) determined on an individual basis; and
(C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community, 18 U.S.C. § 3624(c)(1)-(2).
11. A recommendation that Mr. Sanchez be placed for 12 months at an RRC/Halfway House would be consistent with the reintegration principles of the Second Chance Act and would allow Mr. Sanchez to better address the underlying impetus that led to commission of his instant offenses.
12. A recommendation that Mr. Sanchez be afforded the maximum RRC/Halfway House placement time of 12 months would maintain the integrity of the disposition while still preserving the punitive aspect of his sentence and would allow Mr. Sanchez the opportunity to address and correct his elevated risk of recidivism by virtue of the nature of his instant offenses, lack of permanent release residence, no release employment established, substance abuse, HIV, negative net worth, lack of savings or assets, untreated medical problems but no medical insurance, and a 29 month sentence.
He will remain under the auspices of the BOP while in the supervised environment of the RRC.
13. Mr. Sanchez expressed exceptional remorse and contrition regarding his commission of his offenses.
14. The Attorney General of the United States and the Inspector General of the BOP have noted in reports and public statements that the BOP is under-utilizing various rehab programs available, such as RRC/halfway house. The judicial recommendation requested would be non-binding on the BOP.WHEREFORE NOW, above premises considered, the defendant respectfully requests that this Honorable Court GRANT his motion and all relief requested herein, issuing a judicial recommendation to the BOP that Defendant be granted the maximum placement time of 12 months of halfway house, reflecting the same and granting all other relief required by Law, Liberty, and Equity.
[Exhibit Omitted]