Motion to Supplement 163 Motion for Release from Custody — USA v. Bruey et al. (Dkt. 167, M.D. Fla.)

Summary

Amber Bruey, proceeding pro se, filed this motion on 01/22/24 (Document 167, Case 2:21-cr-00074-TPB-K_D) asking the Court to add supporting information and documentation to the compassionate release/reduction in sentence request filed on January 2, 2024. Citing a BOP bulletin on FSA credits published in November 2023, the motion calculates that on a 48 month sentence the projected earnable FSA credits would be 560 credit days, moving the good time release date from 10/6/26 to 10/6/25 and leaving 195 credit days toward home confinement or halfway house placement, plus Second Chance Act time. It says FPC Alderson raised the monthly FRP payment to $223 per month while prison work pays $0.29 per hour, and that release would allow work, restitution payments and care for family. The motion is dated 1/17/24.

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(1) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 1 of 6 PageID 1880
FILED JAN 22 2024 [illegible] USDC - FLMD - FTM
Pro Se
Motion to add
supporting information and
documentation
to 3582c Compassionate Release/
Reduction in Sentence Request
US v. Amber Rewis Bruey
Case #: 2:21-cr-74-TPB-KCD
This request is to allow the included
information herein to be included with
the compassionate release/reduction in sentence
request filed on January 2, 2024. The information
and documentation further explains and justifies
the request for compassionate release to this
Honorable court. Please find the information
included below and approve its inclusion
in my compassionate release request. The
compassionate release request asked the
Court for an expedited review and approval
as well as the ability to file in forma
pauperis. I ask the same for this request.
To further clarify my request regarding
projecting FSAs + 2nd chance act being able
to transfer me to home confinement/FLM/halfway
house November 2023 - February 2024, please
see the following information:
In November 2023 the BOP published
a bulletin titled FSA Admission + Orientation (A+O)
Addendum. This was sent to inmates via their
Trulinks account and was published on the BOP
website. This document explains the calculation
and application of FSA credits for inmates, most
notably, the "projection", "frontloading", or
calculation of ALL potential earnable FSA
credits to give the earliest possible pre-release
(2) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 2 of 6 PageID 1881
placement date. This allows the first 365
credit days to be applied toward early
termination of sentence and transfer to
supervised release and then any additional days
over the 365 are to be applied toward additional
CCC placement (home confinement/FLM/halfway house).
The example shown in this BOP A+O addendum
is based on a 36 month sentence (30 months
with good time credits). This example shows
an individual with this sentence would earn
415 days of FSA credits (which are to be
calculated upfront). The first 365 days credits
comes off the sentence length which leaves an
additional 50 credit days to apply toward
extra CCC placement. This transitions the
inmate from the FPC prison setting, but does
not end the sentence as the inmate is still
being monitored according to 3621b and BOP
program statement 7310.04. (This packet was
included with my original compassionate release
submission).
Following the above example, and
information from the BOP A+O addendum,
specifically in my case the calculations
would be as followed: on a 48 month
sentence, 40.8 good time, the total
projected earnable FSA credits would be
560 credit days. My original good time
release date was 10/6/26. Applying the first
365 credits to this date moves the release
date to 10/6/25. I then have 195 credit days
to apply to earlier pre-release placement. In
addition to this, utilizing the 2nd chance
act would afford 4.8 months home
confinement under 3624c(1) (10% of sentence
or 6 months) whichever is less as well as
an additional up to 12 months under
3624c(2). I've requested consideration for
(3) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 3 of 6 PageID 1882
both the 4.8 months under 3624c(1) and
9-12 months under 3624c(2) for a total
of 13.8 to 16.8 months CCC placement plus
the 195 FSA days toward CCC placement.
Unfortunately, FPC Alderson is not consistent
in granting this placement which is a
law and ends up street releasing most
inmates with no 2nd chance act time
although I hope this is not the case for
me, but is something I'd like the court to
take into consideration. Given all these
calculations (which are included) my
transfer to CCC placement (home confinement/
FLM) would be November 2023 - February 2024.
These calculations were verified by unit
manager on 1/13/24. (Cop out included). He
stated the calculations were correct and best
case scenario. If the calculations are correct
and best case scenario; I have not been
in any trouble and I should be
eligible to have this applied for me to transition
back into the community where I can get the
healthcare I need for my multiple issues that
are not being addressed by the BOP, care
for my mom and kids who really need me
as the only available caregiver and start
working to provide for myself, my family and
to repay my debt as well as be able to
be an asset to my community instead of a
burden on the system. I've been advised that
halfway house bed space is a concern in NC,
but probation officer, Steven Larsen, with
Greenville, NC probation said that FLM is
available there and if requested they would
monitor me. With these calculations being
confirmed to be accurate + the ability to
apply these credits, as well as February 2024
being a transfer to home confinement/FLM
please consider this in your decision and
(4) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 4 of 6 PageID 1883
grant this request with an immediate
release from FPC Alderson and transfer
to home confinement for any length
of time deemed appropriate.
As previously mentioned, BOP/FPC Alderson
has not been able to provide adequate
healthcare for my multiple health issues.
Many of my conditions including asthma,
shortness of breath, arthritis, migraines, allergies,
degenerative disc disease, cardiomyopathy, depression, anxiety
and fibromyalgia are worsening and although
I've asked to see a doctor, get new meds, go
back to the meds I was on prior to arriving
I am getting no help. I'm forced to live, eat
and program with dogs which I am allergic
to and which FPC Alderson allows to run
around in the area set aside for me to pump
and store breastmilk for the baby. In addition,
I have been self-carrying my medications, but
FPC Alderson has recently switched one of them,
Buspar, to pill line. My restrictions from BOP
says "no excess cold/wind exposure", yet for
pill line we have to line up outside and
go in one by one regardless of the temperature
or weather. This process can last 20 minutes to
an hour (a log is included) and even though
health services has 2 waiting rooms they do
not allow you to wait inside. One of my asthma
triggers is cold weather and they placed this
restriction on me, but are not adhering to it
which is affecting my health. My mental
health is also really suffering. My depression
and anxiety is worse than its ever been and
therapy is unavailable. I've been constantly
exposed to rampant drug use, fighting, and
profanity around me and I was receiving
therapy as well as long-term mental health
medications prior to surrender, but FPC Alderson
(5) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 5 of 6 PageID 1884
will not give me the medications I need for
mental health, asthma, allergies, arthritis, scoliosis,
or pain. Being granted compassionate release,
even on home confinement, would allow the
relief I need to obtain the healthcare and
mental health services that I desperately need
to stabilize and improve my health.
My 11 month old baby still requires breastmilk and
although I'm now able to pump and store the
milk for my mom to pick up, its still a big
expense that she has and she has to find
someone to drive her. It would be easier to supply
my baby with the milk she needs if I could be
with her and since the calculations could put
me on home confinement/FLM between November
2023 and February 2024 I'm asking you to
please strongly consider this in granting my
request. In addition, I just found out that my
4 year old is having to be put to sleep for a
dental surgery in February and due to my mom's
limitations it would be much better if I could
be with him and to provide him the required
follow up care after the procedure and with my
daughter facing surgery for the vaginal adhesion,
she will need follow up care as well that my
mom really can't provide.
At sentencing the court ordered restitution
in the amount of $25 per quarter or 50% of
wages if UNICOR job. UNICOR is not available
at FPC Alderson. My work in the education
department is as a teacher aide for GED, basic
literature and ESL. I have worked in this
department since July 2023 and make $0.29
per hour and my pay ranges from $45-50
per month. FPC Alderson increased my monthly FRP
payment to $223 per month, but this is putting
an even heavier financial burden on my family
(6) Case 2:21-cr-00074-TPB-K_D Document 167 Filed 01/22/24 Page 6 of 6 PageID 1885
because if this payment is not made, FPC
Alderson will take away my FSA credits.
If granted compassionate release, even on
home confinement, I can work and make the
money to provide for my family as well as
make my restitution payment. Additionally, the
cost of incarceration is much less for home
confinement and will thus save resources and
funds.
Please take all of this additional
information into consideration when making
your decision. With the ability to be
transferred to home confinement/FLM with
all the FSA credits (560) and 2nd chance
act (3624c(1) + (2)) in November 2023 to
February 2024, I would be able to obtain
the medical care I need for myself + care for
my kids and my mom's needs.
This request is not diminishing the
seriousness of the offense. I am non-violent
and a low risk Pattern score. I am not a
threat to the community.
Please grant my compassionate release
request and impose any additional conditions
such as home confinement, mental health
treatment, etc with an immediate release from
FPC Alderson. I have completed an additional
class since my original submission (certificate
included) and I have started another class as well:
Foundations.
I humbly ask this Honorable court to
grant my compassionate release/
reduction in sentence request.
1/17/24
Respectfully Submitted,
[signature]
Amber Bruey


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