United States District Court, D. Nevada
before the court is defendant Derrick Phelps'
(“defendant”) motion “for judicial
recommendation concerning length of RRC/direct home
confinement placement.” (ECF No. 296). The United
States of America (“the government”) filed a
response. (ECF No. 297). Defendant has not filed a reply, and
the time to do so has passed.
December 2, 2014, defendant was sentenced to a total of 70
months' imprisonment pursuant to his conviction for
various counts of fraud and conspiracy to commit fraud. (ECF
January 28, 2019, defendant filed the instant motion
requesting that the court recommend to the Bureau of Prisons
(“BOP”) that he be released on home confinement
for the last nine (9) to twelve (12) months of his sentence,
pursuant to 18 U.S.C. § 3621. (ECF No. 296). The court
now considers defendant's motion.
federal defendant who has been convicted and sentenced to a
term of imprisonment is committed to the custody of the BOP.
18 U.S.C. § 3621(a). The BOP “shall designate the
place of the prisoner's imprisonment.” 18 U.S.C.
§ 3621(b); see United States v. Ceballos, 671
F.3d 852, 855 (9th Cir. 2011) (recognizing that the BOP
“has the statutory authority to choose the locations
where prisoners serve their sentence”).
to 18 U.S.C. §§ 3621(b) and 3624(c), the BOP has
discretion to place an inmate in a residential reentry center
(“RRC”) and/or home confinement. See Sacora
v. Thomas, 628 F.3d 1059, 1061-62 (9th Cir. 2010)
(recognizing that these two “statutory provisions
govern the BOP's authority to place inmates in its
custody in RRCs”). Section 3621(b) authorizes the BOP
to “designate the place of the prisoner's
imprisonment” generally upon consideration of, among
(4) any 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
3624(c)(1), as amended by the Second Chance Act
(“SCA”), directs the BOP “to the extent
practicable, ensure that a prisoner” spends a portion
of the last 12 months of that term of imprisonment in an
appropriate setting to “prepare for the reentry of that
prisoner into the community.” 18 U.S.C. §
3624(c)(1). An appropriate placement may include an RRC or
“home confinement.” 18 U.S.C. § 3624(c)(2).
The SCA also requires the BOP to issue regulations designed
to ensure that RRC placements are (1) “conducted in a
manner consistent with section 3621(b), ” (2)
“determined on an individual basis, ” and (3)
“of sufficient duration to provide the greatest
likelihood of successful reintegration into the
community.” 18 U.S.C. § 3624(c)(6).
motion, defendant acknowledges that the SCA grants the BOP
the authority to place a prisoner on home confinement for the
final months of his or her sentence. See (ECF No.
296). Accordingly, defendant requests that the court make a
recommendation to the BOP that defendant be placed on home
confinement for the last 12 months of his sentence.
Id. Defendant asserts that he is an ideal candidate
for this form of relief, as he does not pose a threat to