United States District Court, D. Nevada
M. NAVARRO, CHIEF JUDGE
the Court is Temogen Tran Noguni's
(“Defendant's”) Letter, (ECF No. 112),
requesting a recommendation from the Court for Defendant to
participate in the Second Chance Act at the Bureau of Prisons
(“BOP”). For the reasons discussed below, the
Court declines Defendant's request.
August 28, 2017, Defendant pleaded guilty to the unauthorized
sale of property of the United States, in violation of 18
U.S.C. § 641. (Plea Agreement, ECF No. 91); (Mins.
Proceedings, ECF No. 89). The Court accordingly sentenced
Defendant to eighteen-months imprisonment followed by two
years of supervised release. (J., ECF No. 111). The Court
also recommended that the BOP allow Defendant to serve his
term of incarceration as close to Las Vegas, Nevada as
possible in order for Defendant to be near family.
January 5, 2019, Defendant filed a letter with the Court,
requesting a judicial recommendation that he participate in
the Second Chance Act with the BOP. Upon receiving
Defendant's letter, the Court requested a response from
the Government, to which the Government complied. (Resp., ECF
Bureau of Prisons has the statutory authority to choose the
locations where prisoners serve their sentence.”
United States v. Ceballos, 671 F.3d 852, 855 (9th
Cir. 2011). Nevertheless, the BOP may consider (among other
statement by the court that imposed the sentence-
(A) concerning the purposes for which the sentence to
imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as
18 U.S.C. § 3621(b). A court's recommendation is
non-binding. See 18 U.S.C. § 3621(b).
Additionally, district courts have “the authority to
make (or not make) non-binding recommendations to the [BOP]
at any time-including but not limited to-during the
sentencing colloquy.” Ceballos, 671 F.3d at
856 n.2; United States v. Hoffman, No.
2:15-cr-00234-JAM-1, 2018 WL 6634378, at *1 (E.D. Cal. Dec.
Second Chance Act, 18 U.S.C. § 3624, permits the BOP to
consider placing inmates nearing the end of their sentences
in conditions “that will afford [the inmate] a
reasonable opportunity to adjust to and prepare for the
reentry . . . into the community.” See 18
U.S.C. § 3624(c). This pre-release placement may include
a community correctional facility or in-home detention.
See 18 U.S.C. § 3624(c)(1), (2); 28 C.F.R.
requests a recommendation from the Court for the BOP to grant
him participation in the Second Chance Act “at the
earliest appropriate time” so that Defendant can be
placed in a correctional facility and then home confinement.
(Letter, ECF No. 112).Defendant's request arises from his
desire to prepare for re-entry into the community, to better