From Casetext: Smarter Legal Research

U.S. v. Rattoballi

United States District Court, S.D. New York
Aug 26, 2008
02 Cr. 1385 (TPG) (S.D.N.Y. Aug. 26, 2008)

Opinion

02 Cr. 1385 (TPG).

August 26, 2008


OPINION


Counsel for defendant James Rattoballi has made certain requests in a letter dated July 24, 2008. The Court agrees that those requests should be granted.

It is provided in 18 U.S.C. § 3624(c) that the Director of the Bureau of Prisons shall, to the extent practicable, insure that a federal prisoner shall spend up to 12 months in the final period of his confinement "under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community." The statute specifically states that such conditions "may include a community corrections facility." The statute also provides that the authority granted under the statute may be used to place a prisoner in home confinement for 10 percent of the term of imprisonment or 6 months, whichever is shorter.

Rattoballi is entering upon a prison sentence of 18 months. He will be 66 years old this October. Except for the antitrust and mail fraud offenses which he pled guilty to, he has led an exemplary life. He has a small business, which may be able to survive if his prison term can be kept to a minimum. This will benefit himself and his family, and also the employees of the business.

For these reasons, the court strongly recommends to the Bureau of Prisons that the Bureau apply the provisions of § 3624(c) so that Rattoballi is transferred to a community corrections facility 12 months before the end of his imprisonment, and that he be placed in home confinement the last 10 percent of the term, which would apparently be about 7 weeks.

The Government attorney has received a copy of defense counsel's letter of July 24, 2008, and has advised the Court that the Government has no objection to granting the requests in this letter.


Summaries of

U.S. v. Rattoballi

United States District Court, S.D. New York
Aug 26, 2008
02 Cr. 1385 (TPG) (S.D.N.Y. Aug. 26, 2008)
Case details for

U.S. v. Rattoballi

Case Details

Full title:UNITED STATES OF AMERICA, v. JAMES RATTOBALLI, Defendant

Court:United States District Court, S.D. New York

Date published: Aug 26, 2008

Citations

02 Cr. 1385 (TPG) (S.D.N.Y. Aug. 26, 2008)