United States District Court, D. Maine
ORDER ON DEFENDANT'S PRO SE MOTION REQUESTING
JUDICIAL RECOMMENDATION FOR 12 MONTHS RRC PLACEMENT PURSUANT
TO 18 USC § 3621(b)(4)
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
Court grants an inmate's request for a judicial
recommendation to the Bureau of Prisons that he be allowed to
serve a portion of his prison term in a residential reentry
center with several caveats (1) that in general, the Court is
unaware of anything that would significantly militate against
such a recommendation, (2) that the Court assumes the
accuracy of the Defendant's stated accomplishments while
in prison, (3) that the BOP itself has not been represented
in this motion and the Court has no information as to its
position, (4) that the BOP, not the Court, has the ultimate
authority to designate an inmate, and (5) that beyond the
individual circumstances presented here, this order reflects
this Court's generally positive view of the efficacy of
residential reentry centers in bridging the gap from a
lengthy period of incarceration to the greater freedom of
29, 2015, the Court sentenced James Stile to 120 months of
incarceration, no fine, five years of supervised release,
$13, 306.93 in restitution, and a $100 special assessment for
his robbery of controlled substances from a Drug Enforcement
Agency registered pharmacy in violation of 18 U.S.C. §
2118(a). J. (ECF No. 579). On July 30, 2018, Mr.
Stile moved this Court to recommend to the Bureau of Prisons
that he be allowed to serve the last twelve months of his
sentence in a residential reentry center (RRC). Pro Se
Mot. Requesting Judicial Recommendation for 12 Months RRC
Placement Pursuant to 18 U.S.C. [§] 3621(b)(4) (ECF
No. 698) (Def.'s Mot.). The Government responded
on August 20, 2018. Gov't Resp. to Def.'s Mot.
for Recommendation Regarding RRC Placement (ECF No. 700)
(Gov't's Resp.). Mr. Stile replied on August
27, 2018. Reply to Gov't's Resp. to Def.'s
Mot. for Recommendation Regarding RRC Placement (ECF No.
701) (Def.'s Reply).
THE PARTIES' POSITIONS
James Stile's Motion
motion, Mr. Stile says that he has a projected release date
of June 22, 2020. Def.'s Mot. at 1. He states
that the “Unit Team at Allenwood is set to make their
recommendation for halfway house 17-19 months prior to the
release date of June 22, 2020.” Id. at 5. He
says that this means the Bureau of Prisons (BOP) “will
submit their recommendation between November of 2018 and
January of 2019.” Id. Mr. Stile explains that
he intends to return to the Albany, New York area where his
only remaining family member Phoebe Smith lives, given that
his mother passed away on June 13, 2018. Id. He
would like to “resume his profession of training dogs
that will be the mainstay of his ability to pay restitution
and establish a[n] indepen[d]ent lifestyle in his integrating
himself back into society.” Id.
Stile represents that he has maintained good conduct while in
BOP custody. Id. He lists the programs he has
attended and the certificates he has received. Id.
He notes that he is without any money and fears that if not
assigned to a RRC, he will have to live at a Salvation Army
Homeless Shelter. Id. at 6.
Stile notes that he has two civil cases pending in the United
States District Court for the District of Maine and two civil
cases in the state of New Hampshire, which he believes will
come to trial in late 2019 and implies that being in a
halfway house will allow him to adequately prepare for these
Stile extols the benefits of the halfway house program.
Id. at 1-5. He points out that inmates “need
the support network available to them and the supervision
provided by halfway houses and home confinement.”
Id. at 3. He says that the maximum period for
halfway house placement is twelve months and it is this
amount of time he would like the Court to recommend to the
BOP. Id. at 4. Mr. Stile argues that such a judicial
recommendation would be consistent with the policies
underlying the Second Chance Act. Id. at 4-5.
The Government's Response
brief response, the Government confirms that according to the
BOP website, Mr. Stile is due to be released on June 22,
2020. Gov't's Resp. at 1. Citing its
response to a similar motion in United States v.
Sutherland, 1:15-cr-00041-JAW, the Government concedes
that the Court has the authority to make a non-binding
recommendation to the BOP, but it also notes that reentry
center placement decisions are entrusted to the BOP, not the
courts. Id. The Government takes “no
position” on Mr. Stile's motion, but brings two
things to the Court's attention. Id. at 2.
First, the Government reminds the Court that it imposed a
two-level enhancement for obstruction of justice at the time
of Mr. Stile's sentencing hearing. Id. Next, the
Government notes that Mr. Stile asserts his good conduct
while in BOP custody and that he attached records supporting
his statement. Id.
James Stile's Reply
reply, Mr. Stile points out that the Government confirmed
that the Court has the authority to make the requested
recommendation. Def.'s Reply at 1. He also says
that he appreciates the Government's ...