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05-017 - USA v. MARTIN


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05-017 - USA v. MARTIN
August 12, 2008
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MEMORANDUM ORDER denying 50 Petitioner's Request for an Order of Judicial Recommendation Pursuant to 18 U.S.C. section 3621(C) and Bureau of Prisons Policy Statement 7310.04 which Authorizes a Six Month Half-way House Placement and Six Month Home Confinement as to JOSEPH MARTIN (1). As set forth more fully in the memorandum order, petitioner's motion is denied because the court lacks jurisdiction to modify petitioner's sentence. Petitioner's motion is also constured as a request for a non-binding recommendation from the court to the BOP that petitioner be authorized to serve a portion of his sentence in home confinement. The court lacks knowledge about defendant's activities within the Bureau of Prisons and is not in a position to evaluate whether defendant meets the requirements set forth by the Bureau of Prisons to qualify for placement in a half-way house or home confinement. The court therefore cannot offer a non-binding recommendation that the defendant be permitted to serve a portion of his sentence in a half-way house or home confinement pursuant to BOP Policy Statement 7310.04. The court, however, will send a letter to Warden T.C. Outlaw of FCI Forrest City Correctional Institute to request that the Bureau of Prisons review defendant's file to determine if defendant qualifies for placement in a half-way house or home confinement. Signed by Judge Joy Flowers Conti on 8/12/08. (cal, )