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Home Source documents Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 232, D. Kan.)

Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 232, D. Kan.)

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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.




                                                2
        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.




                                                 3
      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




                                           4


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