MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

This matter is before the court on defendant Shawn McHone's motion for a non-binding recommendation to the Bureau of Prisons (BOP) that he be placed in Residential Re-entry Center (RRC)/halfway house for the 12 months preceding the end of his sentence. On November 30, 2016, the court sentenced McHone to 60 months imprisonment, followed by 4 years supervised release.

As amended by the Second Chance Act, 18 U.S.C. § 3621(c)(1) provides that the BOP "shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term ... under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community." 18 U.S.C. § 3624(c)(1). Although this court lacks jurisdiction to modify the sentence imposed in 2016, it retains the ability to make such a non-binding recommendation to the BOP. See United States v. Parlin, 2019 WL 5268542 (D. Nev. Oct. 17, 2109) (citing United States v. Ceballos, 671 F.3d 852, 855 (9th Cir. 2011)). See also United States v. Langham, 670 Fed.Appx. 991, 992-93 (10th Cir. 2016) (district court's order providing previously-imposed sentence should be served concurrently with a state sentence and at a given location "was not an order, but a recommendation").

The court has considered the nature of the offense, McHone's previous personal history, his participation in prison educational programs, and concludes that such a recommendation is in the interests of justice, and so recommends that the BOP consider defendant for placement in RRC or a halfway house at the appropriate time.

IT IS ACCORDINGLY ORDERED this day of February, 2020, that the defendant's Motion for Recommendation (Dkt. 51) is hereby granted.