United States District Court, D. Nevada
before the court is petitioner Eve Mazzarella's
(“petitioner”) motion for judicial recommendation
for legal furlough. (ECF No. 693). The United States of
America (the “government”) filed a response (ECF
No. 695), to which petitioner replied (ECF No. 697).
was convicted on 12 counts of mortgage fraud after a trial by
jury in December 2011. (ECF No. 693 at 2); (ECF No. 363). On
March 30, 2012, District Judge Hunt sentenced petitioner to
14 years per count, to be served concurrently, followed by a
term of supervised release. (ECF No. 439).
trial, petitioner filed both an appeal of her convictions
with the Ninth Circuit and two motions for a new trial with
the district court-both of which were denied. (ECF Nos. 528,
555). In April 2015, the Ninth Circuit vacated the
court's denials of petitioner's motions for new trial
and remanded for discovery and an evidentiary hearing as to
the issues raised. (ECF Nos. 603, 609).
hearing in December 2015, the court again denied
petitioner's motion for a new trial. (ECF No. 656). The
Ninth Circuit affirmed the court's order in July 2017.
(ECF Nos. 680, 681). Following her appeal, petitioner filed a
§ 2255 motion to vacate, amend, or correct sentence
“based on issues never previously raised before the
court due to dependence on evidence outside the
record.” (ECF No. 693 at 2).
conjunction with her § 2255 motion, petitioner has filed
the instant motion for legal furlough pursuant to 28 C.F.R.
§ 570.30 et seq. for the purpose of assisting
her counsel prepare for and brief the issues related to her
motion to vacate, amend, or correct sentence. (ECF No. 693).
U.S.C. § 3622 allows for the temporary release of
prisoners in the custody of the Federal Bureau of Prisons
(“BOP”) if such release “appears to be
consistent with the public interest and if there is
reasonable cause to believe that a prisoner will honor the
trust to be imposed in him. . .” 18 U.S.C. § 3622.
If the prisoner meets these requirements, he or she may be
authorized to “visit a designated place for a period
not to exceed thirty days, and then return to the same or
another facility, for the purpose of. . . engaging in any
other significant activity consistent with the public
types of furloughs are:
(a) Transfer furlough --A furlough for the purpose of
transferring an inmate from one Bureau facility to another, a
non-federal facility, or community confinement (including
home confinement) as noted below at § 570.33(a).
(b) Non-transfer furlough --A furlough for any purpose other
than a transfer furlough, and which may be defined based on
its nature, as either emergency or routine, as follows:
(1) Emergency furlough --A furlough allowing an inmate to
address a family crisis or other urgent situation as noted
below at § 570.33(b).
(2) Routine furlough --A furlough for any of the reasons
noted below at § 570.33 (a) ...