WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Defendant's Motion to Amend Sentence (the "Motion") [26] and Supplement to Motion to Amend Sentence (the "Supplement"). [27]. In the Motion Defendant Eisenberg requests the Court to "modify the special conditions of supervised release and to convert the community confinement portion of the sentence to home confinement". (Motion at 2). Defendant argues that he "suffers from certain limitations as a result of his type 2 diabetes, kidney damage and a neurological spinal cord disorder" and that "[i]n view of [Defendant's] overall medical condition, Defendant's doctors have recommended home confinement and not an institutional setting for his care. (
The Court forwarded to the community confinement facility (the "Facility") at which the Defendant will be assigned, the Motion and the text of the letters relating to his medical conditions that were submitted for consideration by the Probation Office in preparing Defendant's Presentence Report. The Court requested the Facility to evaluate Defendant's limitations and medical needs and advise the Court if it is able to accommodate and address them. Mr. Ricks, the Director of the Facility, advised the Court that the Facility is not equipped to provide Defendant the medical care he requires.
The Court structured Defendant's sentence to accommodate the Defendant's medical needs and to seek proportionality of sentences imposed in the cases to which this case relates. Here, the community confinement portion of the sentence cannot, for medical reasons, be required. Although home confinement will be substituted for the community confinement period ordered as part of Defendant's sentence, conditions on Defendant's home confinement are required to ensure that the Defendant's sentence is proportional to other sentences in related cases. Proportionality can be achieved by imposing a requirement of community service as a condition of Defendant's home confinement.
Based on the Court's consideration of the Motion and the Supplement and the evaluation and representations of the Facility.
During Defendant's period of home confinement, he shall participate in the Location Monitoring Program by use of a GPS monitoring device. Defendant will pay the expense of the program.