Filed: May 12, 2016
Latest Update: May 12, 2016
Summary: ORDER DOUGLAS HARPOOL , District Judge . Before the Court is a pro se motion filed by Defendant Ronnie Landsdown entitled "Motion to Modify Sentence to Include Halfway House" (Doc. 159). Without citing any specific authority, Defendant states that "[u]nder the current STATUTE(S), RULE(S), POLICIE(S), and Regulation(s) governing sentence(s) and commitment(s) to the Bureau of Prison(s), the defendant is allowed up to ONE (1) year of his sentence to be served at a Half-Way House." Defendant s
Summary: ORDER DOUGLAS HARPOOL , District Judge . Before the Court is a pro se motion filed by Defendant Ronnie Landsdown entitled "Motion to Modify Sentence to Include Halfway House" (Doc. 159). Without citing any specific authority, Defendant states that "[u]nder the current STATUTE(S), RULE(S), POLICIE(S), and Regulation(s) governing sentence(s) and commitment(s) to the Bureau of Prison(s), the defendant is allowed up to ONE (1) year of his sentence to be served at a Half-Way House." Defendant st..
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ORDER
DOUGLAS HARPOOL, District Judge.
Before the Court is a pro se motion filed by Defendant Ronnie Landsdown entitled "Motion to Modify Sentence to Include Halfway House" (Doc. 159). Without citing any specific authority, Defendant states that "[u]nder the current STATUTE(S), RULE(S), POLICIE(S), and Regulation(s) governing sentence(s) and commitment(s) to the Bureau of Prison(s), the defendant is allowed up to ONE (1) year of his sentence to be served at a Half-Way House." Defendant states that he has served over 48 months of his 60-month prison sentence and he moves the Court to modify his sentence "EFFECTIVE IMMEDIATELY" to allow him to serve the remainder of his prison term in a halfway house.1
Upon review and consideration, the Court hereby DENIES Defendant's pro se motion for modification of sentence (Doc. 159). This Court has no authority to modify Defendant's sentence to change his place of imprisonment or to designate his place of imprisonment. Federal law clearly states that "[t]he Bureau of Prisons shall designate the place of the prisoner's imprisonment." 18 U.S.C. § 3621(b). As to prerelease custody, the relevant statute provides:
The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that person into the community. Such conditions may include a community correctional facility.
18 U.S.C. § 3624(c)(1). The statute goes on to state that "[n]othing in this subsection shall be construed to limit or restrict the authority of the Director of the Bureau of Prisons under section 3621." Id. at § 3624(c)(4).
The above-quoted language makes clear that it is within the BOP's authority, and not the Court's authority, to designate Defendant's place of prerelease custody. Moreover, while the BOP must "to the extent practicable" ensure Defendant "spends a portion of the final months of that term (not to exceed 12 months)" under conditions to prepare Defendant for reentry into the community, the BOP is not required to place Defendant in a "halfway house" or to do so twelve months before his sentence expires. See Elwood v. Jeter, 386 F.3d 842, 847 (8th Cir. 2004) ("We emphasize, like the First Circuit, that 18 U.S.C. § 3624(c) does not require placement in a [community corrections center]. It only obligates the BOP to facilitate the prisoner's transition from the prison system.").2 Defendant's motion to modify sentence is denied.
IT IS SO ORDERED.
