Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sampson

United States District Court, D. Maryland

February 8, 2018

UNITED STATES OF AMERICA
v.
JACOBY O. SAMPSON, Defendant

          MEMORANDUM AND ORDER

          JAMES K. BREDAR CHIEF JUDGE

         Pending before the Court is Defendant Jacoby Olajuwon Sampson's Motion for Recommendation for Residential Re-Entry Center - (RRC) Pursuant to Title 18 U.S.C. § 3624(c). (Mot., ECF No. 100.) No. response from the Government will be required. The motion will be denied without prejudice.

         On October 21, 2015, Sampson pled guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine in violation of 21 U.S.C. § 841(a)(1). On January 22, 2016, he was sentenced by the undersigned to a mandatory minimum term of sixty months' incarceration, supervised release for four years, and a $100 assessment. (ECF No. 79.) He has, at this writing, served approximately twenty-four months of his prison term.

         In his motion, Sampson indicates he is enrolled in or has completed thirty-seven educational programs including programs pertaining to health, parenting, and history. He says he is currently in the Residential Drug Abuse Program (“RDAP”) and holds several leadership positions in RDAP. He also says he has completed his GED testing, he expresses deep remorse for his offense, and he has remained disciplinary report free during his time in prison. (Mot. 1- 2.) He says he has made good progress toward rehabilitation while in prison. (Id. 4.) He, therefore, requests the Court recommend to the Bureau of Prisons (“BOP”) that he be placed in an RRC during the final portion of his term of incarceration, which, he says, will assist him in making the transition from prison to living and working in the community. (Id. 6.) He does not submit any documentation with his motion.

         Under 18 U.S.C. § 3621, the BOP may designate an inmate's place of confinement in any available penal or correctional facility that the BOP considers appropriate and suitable, taking into consideration five factors:

(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(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 appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.

18 U.S.C. § 3621(b). Further, § 3621(b) states, “Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.”

         Pursuant to 18 U.S.C. § 3624(c), the BOP shall ensure, to the extent practicable, that an incarcerated individual spends a portion of the final months of his prison term (not to exceed twelve months) under conditions allowing the individual to adjust and prepare for reentry into the community. This subsection notes that a community correctional facility may be considered in this regard and also permits home confinement for a limited time. 18 U.S.C. § 3624(c)(1), (2). This statutory scheme makes clear that the Court is free to make a recommendation for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.