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U.S. v. Melendez, 13-252. (2018)

Court: District Court, W.D. Pennsylvania Number: infdco20181012f14 Visitors: 7
Filed: Oct. 11, 2018
Latest Update: Oct. 11, 2018
Summary: MEMORANDUM OPINION JOY FLOWERS CONTI , District Judge . Defendant Edred Melendez ("defendant") is in the custody of the Bureau of Prisons ("BOP") at Federal Correctional Institution Miami ("FCI Miami"). Pending before the court is defendant's request via a letter addressed to the undersigned judge for the court to recommend to the BOP that he serve the remainder of his sentence at a camp facility. (ECF No. 1447.) For the reasons set forth in this memorandum opinion, defendant's request wil
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MEMORANDUM OPINION

Defendant Edred Melendez ("defendant") is in the custody of the Bureau of Prisons ("BOP") at Federal Correctional Institution Miami ("FCI Miami"). Pending before the court is defendant's request via a letter addressed to the undersigned judge for the court to recommend to the BOP that he serve the remainder of his sentence at a camp facility. (ECF No. 1447.) For the reasons set forth in this memorandum opinion, defendant's request will be denied.

"It is beyond question that the BOP is authorized to designate the place of a prisoner's imprisonment." United States v. Harris, Crim. Action No. 02-385, 2004 WL 350171, at *1 (E.D. Pa. Feb. 10, 2004) (citing 18 U.S.C. § 3621(b)). The BOP is granted that discretion because it is in the best position to evaluate whether a prisoner meets the requirements for placement in a specific facility under BOP Policy Statement 5100.08. Here, defendant seeks a recommendation from the court that he be permitted to serve the remainder of his sentence at a camp facility. A court at the time of sentencing may make a recommendation to the BOP about the placement of a defendant at a specific BOP facility based upon the court's knowledge of the defendant at that time. This court, however, presently lacks sufficient knowledge about defendant's activities within the BOP to make a recommendation to the BOP about his placement. In other words, the court is not in a position to evaluate whether defendant meets the requirements set forth by the BOP to qualify for placement at a camp facility under BOP Policy Statement 5100.08, and, therefore, the court cannot recommend to the BOP that defendant be permitted to serve the remainder of his sentence at a camp facility. Defendant's motion for court recommendation (ECF No. 1447) will, therefore, be denied.

Defendant, however, should be commended for his behavior that resulted in the lowering of his "custody points" and obtaining his General Equivalency Diploma while incarcerated. The court in consideration of defendant's request for a recommendation will send a letter to Warden Kenny Atkinson of FCI Miami to request that the BOP review defendant's file to determine if he qualifies for placement at a camp facility.

An appropriate order will be entered.

October 11, 2018 Kenny Atkinson, Warden Federal Correctional Institution Miami P.O. Box 779800 Miami, Florida 33177 Re: Edred Melendez Inmate No. 59175-018 Criminal Action No. 13-252 Dear Warden Atkinson:

This letter is written with respect to Edred Melendez, who is currently incarcerated in your facility and serving a term of imprisonment of one hundred and sixty-eight months.

Mr. Melendez has requested that the court recommend to the Bureau of Prisons that he serve the remainder of his sentence at a camp facility. I advised Mr. Melendez that I do not have knowledge about his activities within the Bureau of Prisons sufficient to recommend to you that he be authorized to serve the remainder of his sentence at a camp facility. I, however, respectfully request that you review Mr. Filter's file, or forward his file to the appropriate persons within the Bureau of Prisons for a review, to determine if qualifies under Bureau of Prisons Policy 5100.08 for placement at a camp facility.

Thank you in advance for your attention to this matter.

Very truly yours, /s/JOY FLOWERS CONTI Joy Flowers Conti Chief United States District Judge cc: Attorneys of record via CM/ECF Edred Melendez #59175-018 FCI Miami P.O. Box 779800 Miami, Florida 33177
Source:  Leagle

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