URGENT NOTICE As a result of the new federal drug sentencing guidelines, many prisoners have received an Order from the court thereby reducing their sentences in accordance with the new drug guidelines. But the effective date of the amendment is not until November 1, 2015. So, technically, prisoners cannot be released from the custody of the federal Bureau of Prisons (BOP) until November 1, 2015. However, since prisoners would still be in the custody of the BOP while at a halfway house, some federal courts have urged the BOP to immediately transfer prisoners, that would ordinarily qualify to be released from prison now, to a halfway house—where the prisoners would be able to re-enter society under supervision. It is important to understand that a court does not have the authority to order this type of action, but a court certainly can recommend it! Below I have provided an excerpt from a case wherein the judge recommended to the BOP to transfer a prisoner to a halfway house as soon as possible. It is imperative that prisoners begin to make these requests immediately! See United States v. Beasley, N.D. California, November 26, 2014 (below). “This Court is without authority to order the BOP to transfer Beasley to a halfway house. However, given the fact that, but for the limitations of U.S.S.G. §§ 1B1.10(b)(2)(C) and (e), Beasley could walk out of prison today, the Court finds that immediate transfer to a halfway house is appropriate, and recommends that the BOP transfer him accordingly. CONCLUSION *4 For the reasons stated above, Beasleys motion to reduce his sentence is GRANTED IN PART. The hearing scheduled for December 1, 2014 is VACATED. Effective November 1, 2015, Beasleys sentence shall be reduced to 312 months incarceration. The Court recommends that the Bureau of Prisons transfer Beasley to a halfway house as soon as possible. IT IS SO ORDERED.”
Posted on: Wed, 03 Dec 2014 14:59:22 +0000
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