Summary
deciding the court had no reason to distinguish the prisoner from other inmates and deferred to the BOP
Summary of this case from United States v. PerryOpinion
NO. 2:10-CR-154-DBH
11-18-2011
UNITED STATES OF AMERICA v. KELVIN SMITH, DEFENDANT
ORDER ON DEFENDANT'S MOTION FOR JUDICIAL
RECOMMENDATION TO BUREAU OF PRISONS
The defendant is currently serving a 37-month term of imprisonment, to be followed thereafter by a 3-year period of supervised release. He has asked me, in a pro se motion, to recommend to the Bureau of Prisons that during his time in BOP custody he receive the maximum available period of pre-release time in a community correctional facility, namely, 12 months. See 18 U.S.C. § 3624(c).
Although I certainly understand Smith's desire for the maximum period in a halfway house, I see no reason to distinguish him from other inmates whom the Bureau of Prisons must assign in accordance with the criteria Congress has given it. See 18 U.S.C. § 3621(b).
I therefore D ENY the motion.
SO ORDERED.
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE