Opinion
CRIMINAL 1:19-cr-00028-MR-WCM-7
02-25-2022
UNITED STATES OF AMERICA, Plaintiff, v. ELLIOT NORRIS SMITH, Defendant.
ORDER
Martin Reidinger, Chief United States District Judge
THIS MATTER is before the Court on the Defendant's “Emergency Motion for Recommendation Regarding Length of RRC Placement” [Doc. 335].
The Defendant moves the Court for a recommendation concerning placement in a residential reentry center (i.e., a halfway house) for the last twelve months of his sentence. [Doc. 335]. The Bureau of Prisons (BOP), not the Court, has the authority to designate the location of an inmate's place of imprisonment, including his placement at a halfway house or a similar facility. See 18 U.S.C. § 3621(b). Similarly, the discretion to release a prisoner to home confinement lies solely with the Attorney General. See 18 U.S.C. § 3624(c)(2); 34 U.S.C. § 60541(g). Accordingly, the Defendant's request for a recommendation from this Court regarding his placement at a halfway house must be denied.
IT IS, THEREFORE, ORDERED that the Defendant's “Emergency Motion for Recommendation Regarding Length of RRC Placement” [Doc. 335] is DENIED.
IT IS SO ORDERED.