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Case 6:21-cr-10073-EFM Document 232 Filed 11/19/24 Page 1 of 4
IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF KANSAS
THE UNITED STATES OF AMERICA, )
)
Plaintiff, )
v. ) Case No. 6:21-cr-10073-EFM
)
MICHAEL R. CAPPS, )
)
Defendant, )
____________________________________)
ORDER
This matter comes before the Court on Defendant Michael Capps’ Unopposed Motion for
Extension of Time to Voluntarily Surrender (Doc. 231). He asks this Court to extend his
voluntary surrender date from November 21, 2024, to December 31, 2024, or later, to allow him
to address medical matters before his incarceration. The government does not oppose the request.
The Court grants Capps’ Motion.
I. Factual and Procedural Background
On May 12, 2023, the Court sentenced Mr. Capps to 27 months of imprisonment. On
June 23, 2023, the Court granted Mr. Capps’ continued release pending his appeal.
On August 13, 2024, the Tenth Circuit issued a written decision affirming the judgment in
this case, and it denied his petition for rehearing on October 15, 2024. The mandate issued on
October 24, 2024.
On October 27, 2024, Mr. Capps moved this Court to vacate the order granting his release
pending appeal. This Court granted the motion the next day.
Since the Tenth Circuit affirmed his judgment, Mr. Capps has been acting diligently to get
all of his personal and medical affairs in order before he must report to the Bureau of Prisons
Case 6:21-cr-10073-EFM Document 232 Filed 11/19/24 Page 2 of 4
(BOP). In particular, he has made a series of appointments for various medical issues, including
the following:
1. Mr. Capps is a veteran with a PTSD diagnosis and receives regular treatment from the
VA. He has two final appointments scheduled with the VA on November 28, 2024, and
December 20, 2024, to help prepare him for prison and ensure that his medical records
are updated and forwarded to the Bureau of Prisons.
2. Mr. Capps has an appointment scheduled for December 12, 2024, with his Optometrist to
receive new glasses with a prescription adjustment.
3. Mr. Capps has an appointment on December 18, 2024, with his endocrinologist for
hormone treatment.
4. Mr. Capps has an appointment scheduled for December 18, 2024, with his podiatrist to
receive new prescription inserts.
5. Mr. Capps has an appointment with his internal medicine doctor for his annual physical
and bloodwork on December 18, 2024. Following this exam, his doctor will need
additional time to process and review the test results to ensure his health needs are
managed appropriately, and his medications are compatible with those available on the
Bureau of Prisons’ formulary.
6. Mr. Capps has an Orthodontist appointment scheduled for December 30, 2024. Mr. Capps
has periodontal disease, and this appointment is aimed at treating his condition
thoroughly to give him time for the BOP to work him into their dental schedule.
7. Mr. Capps has a current finger injury requiring an X-ray exam and treatment. Dates for
follow-up are still pending, but two appointments are expected prior to end of year.
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Case 6:21-cr-10073-EFM Document 232 Filed 11/19/24 Page 3 of 4
Mr. Capps intended to attend these appointments and take care of these issues prior to his
surrender.
On Friday November 15, 2024, Mr. Capps received his designation letter, which orders
him to surrender to the Florence Colorado Satellite Camp on Thursday, November 21, 2024. The
BOP sent the letter on November 1, 2024, but failed to address it to his updated address. As a
result, Mr. Capps has been given only 6 days’ notice of his report date, which does not give him
sufficient time to resolve his medical issues.
Accordingly, Mr. Capps moved this Court to extend his surrender date to December 31,
2024.
II. Analysis
This Court has the authority to extend Mr. Capps’ surrender date under 18 U.S.C. § 3143.
See United States v. Martinez, No. 23-50534, 2023 WL 5316497, at *1 (5th Cir. Aug. 14, 2023).
The requested extension will allow Mr. Capps to finalize his medical preparations. Granting this
request serves the interests of justice by facilitating a smoother transition into the BOP system
and ensuring Mr. Capps’ personal and medical needs are addressed, which is a proper basis for
extending a self-surrender date. See, e.g., United States v. Gregory, No. 17-cr-20079, 2021 WL
1978630 (D. Kan. May 18, 2021) (“Exercising its discretion, the Court finds that Defendant’s
medical circumstances warrant his request for additional time to self-surrender until September
1, 2021. Under the circumstances set forth in his motion, a three-month delay is reasonable and
necessary and will not prejudice the government.”).
The Court therefore grants Capps’ Motion and extends his self-surrender date to
December 31, 2024, or later as determined by the BOP.
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Case 6:21-cr-10073-EFM Document 232 Filed 11/19/24 Page 4 of 4
IT IS THEREFORE ORDERED that Defendant’s Unopposed Motion for Extension of
Time to Voluntary Surrender (Doc. 231) is GRANTED.
Dated this 19th Day of November, 2024.
ERIC F. MELGREN
CHIEF UNITED STATES DISTRICT JUDGE
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