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United States v. Brown

United States District Court, E.D. Michigan, Southern Division

July 12, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
NAKAILYUS K. BROWN, Defendant.

          ORDER

          LINDA V. PARKER U.S. DISTRICT JUDGE

         I. Introduction

         Defendant 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.

         II. Background

         On 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.)

         Brown 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. (Id.)

         Brown 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.)

         Brown 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.

         III. Legal Standard

         The BOP 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).

         A court 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).

         IV. ...


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