Opinion
No. C 05-00283-13 JSW.
February 12, 2007
ORDER DENYING PETITION TO AMEND JUDGMENT (Docket No. 364)
INTRODUCTION
On January 16, 2007, Defendant Vaea T. Sanft ("Sanft"), acting pro se, filed a pleading entitled "Petition for Court to Amend Judgment and Committment [ sic], Or Order Immediate Transfer to Residential Reentry Center." That Petition is now ripe for decision, and the Court finds the matter suitable for disposition without oral argument. Having considered the parties' pleadings and relevant legal authority, the Court HEREBY DENIES Sanft's Petition.
ANALYSIS
On November 28, 2005, Sanft plead guilty to one count of conspiracy to steal United States Mail in violation of 18 U.S.C. §§ 371 and 1708. On June 19, 2006, Sanft was sentenced to a term of sixteen (16) months imprisonment, followed by three years of supervised release. As part of his sentence, Sanft also must pay $25,000 in restitution. Sanft self-surrendered and his term of imprisonment began on September 15, 2006, and he is currently incarcerated at Federal Prison Camp Atwater. Sanft now asks the Court to order the Bureau of Prisons to transfer him to a Residential Reentry Center, i.e. a halfway house, for the duration of his sentence.
The Government opposes the Petition, in part, based upon its view that Sanft's Petition violates the terms of his Plea Agreement. In that Plea Agreement, Sanft gave up his right to appeal his sentence, judgment, and orders of the Court, and also gave up the right to collaterally attack his sentence. The Court does not construe the current motion as an appeal or a collateral attack, and thus concludes it does not violate the terms of the Plea Agreement.
The Government also argues that 18 U.S.C. § 3852(c) precludes the Court from modifying the sentence. Section 3852(c) provides that, subject to three exceptions, a court " may not modify a term of imprisonment once it has been imposed." Pursuant to the first exception, a court may grant a motion made by the Director of the Bureau of Prisons and reduce a term of imprisonment on a finding of "extraordinary and compelling reasons" or for compassionate release. Id. § 3852(c)(1)(A)(i)(ii). A court may also "modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure." Id. § 3852(c)(1)(B). Finally, a defendant "who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission, pursuant to 28 U.S.C. 994(o)." None of these three exceptions are applicable to Sanft's case. Thus, to the extent this section applies to those cases where a defendant is not seeking a reduction of his or her sentence, the Court finds the Government's argument well taken.
Rule 35(a), that rule permits a court to "correct a sentence that resulted from arithmetical, technical or other clear error," within seven days after sentencing. Rule 35(b) pertains to reducing a sentence based upon a defendant's cooperation.
As noted, Sanft does not ask that the Court lessen his term of imprisonment but rather asks the Court to order the Bureau of Prisons to place him in a different facility to serve out his remaining term of imprisonment. Sanft asserts that he "is only utilizing the relief available to him under 18 U.S.C. § 3621(b) and other cited case law that has invalidated the Bureau of Prison's regulation that a prisoner can only be given ten percent or six months which ever is less of (RRC) placement." (Reply at 2.) 18 U.S.C. § 3621 provides that once a person has been committed to the BOP's custody:
Sanft refers to a BOP regulation that set durational limits on the amount of time an inmate could spend in a halfway house, without regard to other factors the BOP is required to consider in determining an appropriate designation. See, e.g., Lveine v. Apker, 455 F.3d 71, 87 (2nd Cir. 2006) (holding that when it determines whether to transfer an inmate to a half-way house or any "`available penal or correctional facility,' the BOP must consider the factors set forth in 18 U.S.C. § 3621(b)" without reference to rule setting durational limits); Pizarro v. Smith, 2007 WL 174328 at *4 (E.D. Cal. Jan. 22, 2007) (granting habeas petition on grounds that 2005 BOP regulations contrary to Section 3621(b) and citing cases finding same).
The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau 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 994(a)(2) of title 28.18 U.S.C. § 3621(b).
Pursuant to this statute, this Court has no authority to order a defendant to a particular facility. That decision is within the sole discretion of the BOP. See, e.g., United States v. Williams, 65 F.3d 301, 307 (2nd Cir. 1995) (citing, inter alia, 18 U.S.C. § 3621). Thus, to the extent Sanft is asking this Court to override the BOP's decision merely because he prefers to serve his term elsewhere, this Court has no authority to do so. Nor are there any facts within the Petition suggesting that the BOP somehow abused its discretion and did not consider the factors set forth in Section 3621(b) when it made its decision to designate Sanft to Federal Prison Camp Atwater.
Accordingly, for the reasons set forth herein, the Court HEREBY DENIES Sanft's Petition to Alter or Amend Judgement and Commitment and Order Immediate Transfer to Residential Reentry Center.