United States District Court, E.D. Michigan, Southern Division
V. PARKER U.S. DISTRICT JUDGE
NaKailyus Brown, who is representing himself pro se from the
Federal Bureau of Prisons (“BOP”) McKean Federal
Correctional Institution in Lewis Run, Pennsylvania, seeks a
judicial recommendation to the BOP to afford Brown placement
at a residential reentry center for six months, followed by
six months of home confinement. (ECF No. 81 at Pg ID 496.)
The government has not filed a response to Brown's
motion. For the reasons below, the Court is granting
Brown's motion and recommending that the Bureau of
Prisons place Brown in a residential reentry center for six
months and allowing him to be confined at home for the
following six months.
February 22, 2008, Brown pled guilty to violating 21 U.S.C.
§841(a)(1) and (b)(1) (“Count I”) and 18
U.S.C. § 924(c) (“Count V”). (ECF No. 47.)
Judge Sean F. Cox sentenced Brown to 120 months for violating
Count I, and 60 months for violating Count V to be served
consecutively. (ECF No. 52 at Pg ID 375.) On September 24,
2015, this Court granted a motion to reduce Brown's
sentence to 87 months for Count I and 60 months for Count V
pursuant to 28 U.S.C. § 3582(c)(2). (ECF No. 80.) The
order also stated that his sentence of imprisonment should be
followed by a term of four years of Supervised Release on
each count to be served concurrently. (Id.)
has participated in a Residential Drug Abuse Program, a 9
½ month program so he “could acquire the skills
[he] need[s] to maintain my sobriety and live a criminal-free
lifestyle.” (ECF No. 81 at Pg ID 496.) Brown was
selected to participate in the RDAP's “Big
Brothers” programs, to help mentor new program
participants in journaling their experience in the program.
(Id.) Brown received the highest honor/award in
RDAP, which gave him the opportunity to write and deliver the
commencement speech at their graduation/transition ceremony.
(Id.) Brown intends to continue mentoring upon his
release, particularly young men in the Flint community.
requests time in a halfway house prior to home confinement to
help him with the transition to society. (Id. at Pg
ID 498.) Brown expresses how he wants to work on finding
gainful employment as well as have time to adjust to changes
in society, such as how to use cell phones. (Id.) He
has been given a job offer at a property management company,
contingent on Brown being home by the beginning of 2018.
(Id. at Pg ID 499.) Brown has expressed remorse for
his offense and he is eager to make a difference in the
community upon his release. (Id. at Pg ID 497.)
seeks a recommendation from this Court that he should be
afforded placement at the residential reentry center in
Saginaw, Michigan for six months followed by six months of
home confinement. (Id. at Pg ID 497.) The government
has not filed a response to the motion.
has the discretion to place an inmate into “any
available penal or correctional facility.” 18 U.S.C.
§ 3621(b). Title 18 Section 3624(c) of the United States
Code discusses the placement of a prisoner during the final
portion of his sentence:
The Director of the [BOP] shall, to the extent practicable,
ensure that a prisoner serving a term of imprisonment spends
a portion of the final months of that term (not to exceed 12
months), under conditions that will afford that prisoner a
reasonable opportunity to adjust to and prepare for the
reentry of that prisoner into the community. Such conditions
may include a community correctional facility.
18 U.S.C. § 3624(c)(1).
can make a recommendation that an incarcerated person serve
part of their imprisonment in a community corrections
facility. 18 U.S.C. § 3621(b)(5).