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U.S. v. EISENBERG, 1:15-cr-425-WSD-1. (2016)

Court: District Court, N.D. Georgia Number: infdco20160513999 Visitors: 18
Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: OPINION AND ORDER 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
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OPINION AND ORDER

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. (Id. at 2). Defendant represents that the Government "has no objection to the Court amending Defendant's sentence." (Supplement at 1).

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.

IT IS HEREBY ORDERED that Defendant's Motion to Amend Sentence (the "Motion") [26] is GRANTED. Defendant's three (3) month period of community confinement is converted to three (3) additional months of home confinement for a total period of home confinement of seven (7) months. Defendant shall be required, as a condition of his seven (7) months of home confinement, to perform community service at a nonprofit organization (the "Nonprofit") each weekday from 10:00 a.m. to 2:00 p.m. Defendant shall travel to and from the Nonprofit to his home by the most direct route possible, without any stops or detours. It is a further condition of home confinement that Defendant remain in his home at all times during the week and on weekends except for his service at the Nonprofit, to attend religious services, for medical reasons including substance abuse or mental health treatment, to visit his lawyer, for court appearances and court-ordered obligations, and activities pre-approved by the Defendant's Probation Officer.

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.

SO ORDERED.

Source:  Leagle

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