STIPULATION AND ORDER RE: RECOMMENDATIONS TO THE BOP FOR DEFENDANT FREDERICK THOMAS

ANDREW P. GORDON, District Judge.

IT IS HEREBY STIPULATED AND AGREED by and between Dayle Elieson, United States Attorney, and Kelly Pearson, Assistant United States Attorney, counsel for the United States of America, and Maysoun Fletcher, Esq., counsel for the defendant, Frederick Thomas, that the parties respectfully request this Court's recommendation to the Bureau of Prisons (BOP) to immediately turn over Mr. Thomas to the United States Probation Office's (USPO) Monitored Home Confinement in Orlando, Florida ("supervised house arrest").

The Stipulation is entered into for the following reasons:

1. On December 17, 2014, after Defendant had plead guilty without the benefit of a plea agreement, he was convicted of violating one count of 18 USC §1962(c), Participation in a Racketeer Influenced Corrupt Organization and one count of 18 USC § 1962(d), Conspiracy Engage in a Racketeer Influenced Corrupt Organization. (ECF No. 874). Defendant was sentenced to 60 months imprisonment (per count, to run concurrently), a specialassessment of $200, and restitution of $50,893,166.35. (Id., pp. 2 and 5.)

2. While incarcerated, Mr. Thomas successfully completed the BOP's500 hour Residential DrugAbuse Program (RDAP)(See Exhibit A) and was approvedon January 19, 2018 to be released to a Residential Reentry Center on March 27, 2018 (Exhibit B). However, just prior to his release, he was informed of a new indictment1 and a few days later picked up by the US Marshalls for his initial arraignment and detention hearing.

3. On April 13, 2018, a detention hearing was held on his new case2 where it was ordered that Mr. Thomas be released on a personal recognizance bond with conditions (please see ECF 383, attached as Exhibit C).

4. Since his personal recognizance release on April 13, 2018, the BOP has not released him to the halfway house, as previously approved, due to the pending indictment.

5. But for the new Indictment, Mr. Thomas was scheduled to be released to a halfway house on March 27, 2018 and fully released from BOP custody on July 24, 20183.

6. Mr. Thomas' continued imprisonment in Montgomery Federal Prison Camp ("Montgomery FPC") has deprived him of his good time credit earned from completion of the RDAP program4, has caused extreme strain on the attorney/client relationship, and made it tremendously difficult for counsel to communicate with Mr. Thomas and effectively represent him.

7. The parties would like to effectuate Mr. Thomas' release on house arrest under the supervision of the United States Probation Department.

8. Therefore, the parties respectfully request this Court's assistance and recommendation to the BOP for Mr. Thomas' immediate release from Montgomery FPC and placement on house arrest in Orlando, Florida under the supervision of the United States Probation Department for the duration of his prison sentence5.

FINDINGS OF FACT

Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:

This Stipulation is entered into for the following reasons:

1. On December 17, 2014, after Defendant had plead guilty without the benefit of a plea agreement, he was convicted of violating one count of 18 USC 1962(c), Participation in a Racketeer Influenced Corrupt Organization and one count of 18 USC 1962(d), Conspiracy Engage in a Racketeer Influenced Corrupt Organization. (ECF No. 874). Defendant was sentenced to 60 months imprisonment (per count, to run concurrently), a special assessment of $200, and restitution of $50,893,166.35. (Id., pp. 2 and 5.)

2. While incarcerated, Mr. Thomas successfully completed the BOP's 500 hour Residential Drug Abuse Program (RDAP) (See Exhibit A) and was approved on January 19, 2018 to be released to a Residential Reentry Center on March 27, 2018 (Exhibit B). However, just prior to his release, he was informed of a new indictment6 and a few days later picked up by the US Marshalls for his initial arraignment and detention hearing.

3. On April 13, 2018, a detention hearing was held on his new case7 where it was ordered that Mr. Thomas be released on a personal recognizance bond with conditions (please see ECF 383, attached as Exhibit C).

4. Since his personal recognizance release on April 13, 2018, the BOP has not been able to place him in a halfway house due to the pending indictment.

5. But for the new Indictment, Mr. Thomas was scheduled to be released to a halfway house on March 27, 2018 and fully released from BOP custody on July 24, 2018.8

6. Mr. Thomas' continued imprisonment in Montgomery Federal Prison Camp ("Montgomery FPC") has deprived him of his good time credit earned from completion of the RDAP program9, has caused extreme strain on the attorney/client relationship, and made it tremendously difficult for counsel to communicate with Mr. Thomas and effectively represent him.

7. The parties would like to effectuate Mr. Thomas' release on house arrest under the supervision of the United States Probation Department.

8. Therefore, the parties respectfully request this Court's assistance and recommendation to the BOP for Mr. Thomas' immediate release from Montgomery FPC and placement on house arrest in Orlando, Florida under the supervision of the United States Probation Department for the duration of his prison sentence.

ORDER

IT IS HEREBY ORDERED that the Court is aware of its prior sentence of 60 months incarceration in this case; is aware of the new Indictment against Defendant Frederick Thomas under Case Number 2:17-cr-00306-JCM-PAR-06; and pursuant to the stipulation of the Government and Defendant, the Court hereby recommends that the Bureau of Prisons immediately turn over Mr. Thomas to the United States Probation Office's (USPO) Monitored Home Confinement in Orlando, Florida so that he can be on supervised house arrest for the duration of his prison sentence.

IT IS SO ORDERED

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D