Dear Judge Kaplan — Re: United States v. Chanette Lewis — Postponement of Her Surrender Date (Federal Defenders)

Summary

Document 138, a two-page letter dated June 25, 2024 and filed 06/27/24 in United States v. Chanette Lewis, No. 21 Cr. 729 (LAK), Southern District of New York, addressed to Judge Lewis A. Kaplan by Assistant Federal Defender Colleen P. Cassidy of Federal Defenders of New York. It asks for a two-week postponement of Lewis's surrender date from July 1, 2024 to July 15, 2024 so her presentence report can be corrected to her reduced criminal history score before the BOP sets her security level. The letter says she was designated to a medium-security facility, FCI Hazelton, and that a low-security designation could place her at Danbury, closer to her family. It says Assistant U.S. Attorney Michael Neff consents and agrees the report should show a score of 3 and Category II. A signature line for Judge Kaplan appears at the bottom.

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Case 1:21-cr-00729-LAK Document138 Filed 06/27/24 Page1of2

Case 1:21-cr-00729-LAK Document 136 Filed 06/25/24 Page 1 of2
Appeals Bureau

Federal Defenders 52 Duane Street, 10th Floor
OF NEW YORK. INC. New York, NY 10007

Tel: (212) 417-8742 Fax: (212) 571-0392

Tamara Giwa Barry D, Leiwant
Executive Director Attomey-in-Charge

June 25, 2024

Hon. Lewis A. Kaplan

United States District Judge
Southern District of New York
United States Courthouse

500 Pearl Street i A
New York, New York 10007

Re: United States v. Chanette Lewis “
21 Cr. 729 (LAK)

Dear Judge Kaplan,

I represent Ms. Lewis on appeal and I am writing to request a two-week
postponement of her surrender date, which is now July 1, 2024, to July 15,
2024. Additional time is required for the correction of her criminal history
score in the PSR and the communication of that correction to the BOP, so that
she has an accurate security level. Ms. Lewis was originally ordered by this
Court to surrender on September 1, 2024, but then requested the earlier date.

Since then, however, she was designated to a medium-security facility,
FCI Hazelton, and realized that her PSR was never corrected to reflect her
reduced criminal history score, which was adopted by this Court. The
incorrect criminal history score could account for the medium, rather than
low, security level. If she qualifies for a low security facility, she could be
designated to Danbury, which is much closer to her family. The Court
recommended in its judgment that she be placed as close to New York as
possible.
Case 1:21-cr-00729-LAK Document138 Filed 06/27/24 Page 2of2
Case 1:21-cr-00729-LAK Document 136 Filed 06/25/24 Page 2 of 2

Hon. Lewis A. Kaplan June 25, 2024
United States District Judge Page 2
Southern District of New York

Re: United States v. Chanette Lewis
21 Cr. 729 (LAK)

In the interest of providing BOP with an accurate criminal history score
and Category, we wrote to the Court about this on June 6, 2024, attaching the
transcript of the Court’s adoption of the criminal history change and
requesting an order to the probation department to amend the report. I have
corresponded with the BOP designation unit and they can do nothing without
the amendment of the PSR. Since she is scheduled to surrender next Monday,
additional time is needed for all of this to happen: amendment of the PSR,
commitinication of that to BOP, recalculation of her security level, and —
potential re-designation. Assistant United States Attorney Michael Neff
consents on behalf of the government to this postponement of the surrender
date and also agrees that Ms. Lewis’s PSR should be amended to reduce her
criminal history score to 3 and Criminal History Category to II, as requested
in our letter dated June 6, 2024.

Respectfully submitted,

Colleen P Cassidy
Colleen P. Cassidy
Assistant Federal Defender

cc: AUSA Michael Neff

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LEWIS A. KAPLAN, USDJ

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