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United States v. Ferguson

United States District Court, D. South Carolina, Greenville Division

October 18, 2018

United States of America,
v.
Stinson Ferguson, Defendant.

          ORDER AND OPINION

         Before the court for review is Defendant Stinson Ferguson's (“Defendant”) Motion Requesting A Judicial Recommendation Concerning Length of RRC/Halfway House Placement (ECF No. 930). The United States (“Government”) does not oppose Defendant's Motion. (ECF No. 1011.) The court GRANTS Defendant's Motion and recommends he serve the final twelve months (12) of his sentence in a halfway house.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On January 23, 2017, Defendant plead guilty to conspiring to possess with intent to distribute and distribute methamphetamine and cocaine. (ECF No. 284.) On June 19, 2017, this court granted Defendant's Motion to Depart from Guidelines (ECF No. 598), which the Government supported (ECF No. 600), and sentenced Defendant to forty (40) months of imprisonment and four (4) years of supervised release (ECF No. 610 at 2-3). Defendant is currently housed at the Federal Medical Center in Lexington, Kentucky, and is slated to be released from prison on September 7, 2019. (ECF No. 610 at 2.)

         On June 15, 2018, Defendant filed a Motion Requesting A Judicial Recommendation Concerning Length of RRC/Halfway House Placement under the Second Chance Act of 2007. (ECF No. 930 at 1-2.) Defendant requests that the court “recommend that the Bureau of Prisons (“BOP”) afford . . . Defendant the maximum Residential Re-entry Center (“RRC”)/halfway house placement time of [twelve] months preceding the end of his sentence.” (Id. at 1.)

         On October 3, 2018, the court ordered the Government to respond to Defendant's Motion. (ECF No. 1003). On October 17, 2018, the Government filed a Response asserting the Government does not oppose Defendant's Motion. (ECF No. 1011.)

         II. DISCUSSION

         The Second Chance Act of 2007 (“SCA”) provides that, The [BOP] shall designate the place of the prisoner's imprisonment. The [BOP] may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the [BOP], whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the [BOP] determines to be appropriate and suitable, considering--

(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 ...

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