Exhibits to Reply in Support of Motion for Reduction in Sentence — United States v. Capps (D. Kan., Dkt. 314)

Summary

Doc. 314 in Case 6:21-cr-10073-EFM (D. Kan.), filed September 30, 2025, is titled Exhibits to Reply in Support of Motion for Reduction in Sentence in United States of America v. Michael R. Capps, Case No. 21-CR-10073-EFM. Its cover block names Dr. Brian A. Coon as Of Counsel to Defendant Aid Society and Attorney for Defendant. Exhibit 34 is an Extended Blood Pressure Monitoring Log (Supplemental to Exhibit 24) for Michael R. Capps at FPC Florence, listing systolic and diastolic readings from 3/17/25. A declaration under penalty of perjury follows in numbered paragraphs, in which the declarant describes sleep apnea, hypertension and medical care at FPC Florence and asks for placement in a community setting with medical monitoring.

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Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 1 of 54

Dr. Brian A. Coon, PhD, JD, PE (Kansas Bar #22988)

Of Counsel to Defendant Aid Society
310 W. Central Ave., Ste. 203
Wichita, KS 67202

Defendant Aid Society

10808 S. River Front Parkway, Suite 3046

South Jordan, UT 84095
Phone: (316) 265-5882
Toll-Free: (800) 489-8146

Email: brian.coon@defendantaidsociety.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS

UNITED STATES OF AMERICA,

Plaintiff,

Vv.

MICHAEL R. CAPPS,

Defendant.

Case No. 21-CR-10073-EFM

EXHIBITS TO REPLY IN SUPPORT OF
MOTION FOR REDUCTION IN
SENTENCE PURSUANT TO 18 U.S.C.

§ 3582(C)(I)(A)(D

IHONORABLE ERIC F. MELGREN

EXHIBITS TO REPLY IN SUPPORT OF
MOTION FOR REDUCTION IN SENTENCE
PURSUANT TO 18 U.S.C. § 3582(C)(1)(A))
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 2 of 54

Exhibit A
Filed 09/30/25 Page 3 of 54

Case 6:21-cr-10073-EFM Document 314

EXHIBIT 34

EXTENDED BLOOD PRESSURE MONITORING LOG
(SUPPLEMENTAL TO EXHIBIT 24)

Michael R. Capps, Register Number: 66142-509
FPC Florence

Initial Crisis Period (Post-CPAP Damage)

Date Time Systolic Diastolic Classification Notes
3/17/25 AM 178 98 Stage 2 Hypertension First reading, 5 days post-CPAP damage
3/19/25 AM 182 91 Stage 2 Hypertension Continued elevation
3/28/25 AM 199 108 Stage 2 Hypertension Approaching crisis threshold

| Hypertensive Crisis Period
Date Time Systolic Diastolic Classification Notes
6/11/25 AM 188 122 Hypertensive Crisis Diastolic >120 - Emergency
6/25/25 AM 196 97 Hypertensive Crisis Sustained crisis levels
6/26/25 AM 198 104 Hypertensive Crisis Continued emergency
6/27/25 AM 202 106 Severe Hypertensive Emergency >200 systolic
6/28/25 AM 197 104 Hypertensive Crisis Persistent crisis
6/29/25 AM 206 102 Life-threatening Emergency Highest recorded systolic

Extended Monitoring (Prison Recreation Office BP Cuff)

Note: Readings from 6/30/25 forward taken using prison-provided blood pressure cuff in recreation office

Date Time |Systolic Diastolic Classification Notes

6/30/25 |AM 203 99 Severe Hypertensive Emergency First reading with prison cuff
7/2/25 AM 208 105 Severe Hypertensive Emergency Continued deterioration
7/4125 AM 201 101 Severe Hypertensive Emergency Holiday - July 4th

7/6/25 AM 204 108 Severe Hypertensive Emergency Diastolic trending up

7/8/25 AM 209 103 Severe Hypertensive Emergency >200 systolic sustained
7/10/25 {AM 205 106 Severe Hypertensive Emergency Persistent emergency levels
7/12/25 |AM 211 104 Severe Hypertensive Emergency New peak systolic

7/14/25 |AM 207 109 Severe Hypertensive Emergency Both parameters critical
7/16/25 |AM 213 101 Severe Hypertensive Emergency Systolic >210

7/18/25 |AM 210 107 Severe Hypertensive Emergency Consistently life-threatening
7/20/25 |AM 206 105 Severe Hypertensive Emergency No improvement

7/22/25 |AM 212 103 Severe Hypertensive Emergency Sustained >210 systolic
7/24/25 |AM 208 108 Severe Hypertensive Emergency Diastolic >100

7/26/25 |AM 214 106 Severe Hypertensive Emergency Highest recorded to date
7/28/25 |AM 211 104 Severe Hypertensive Emergency Critical levels maintained
7/30/25 |AM 209 109 Severe Hypertensive Emergency End of July readings

8/1/25 AM 215 105 Severe Hypertensive Emergency August levels remain critical
8/3/25 AM 212 107 Severe Hypertensive Emergency No medical intervention
8/5/25 AM 217 103 Severe Hypertensive Emergency New record high systolic
8/7/25 AM 214 108 Severe Hypertensive Emergency Current reading - immediate intervention required

Classification Reference:

¢ Normal: <120/80 mmHg

* Elevated: 120-129/<80 mmHg

* Stage 1 Hypertension: 130-139/80-89 mmHg

* Stage 2 Hypertension: 2140/90 mmHg

* Hypertensive Crisis: >180/120 mmHg

* Severe Hypertensive Emergency: >200/100 mmHg

Critical Medical Notes:

« Duration of Crisis: 58+ consecutive days at crisis levels (6/11/25 - 8/7/25)
* Peak Reading: 217/108 mmHg (8/5/25)

* Average Crisis Period: 208/105 mmHg

« Equipment Change: 6/30/25 - Switched to prison recreation office BP cuff
* Medical Intervention: NONE DOCUMENTED

Emergency Indicators Present:
V Systolic >200 mmHg sustained
Y Diastolic >100 mmHg episodes
Case 6:21-cr-10073-EFM Document 314

¥ Duration >48 hours (58+ days)
v Progressive deterioration
V Life-threatening cardiovascular emergency

IMMEDIATE MEDICAL INTERVENTION REQUIRED

Filed 09/30/25

Page 4 of 54

! declare under penalty of perjury that the readings are true and correct.
Michael R. Capps

Register Number: 66142-509
Date: August 7, 2025
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 6 of 54

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS

UNITED STATES OF AMERICA,
Plaintiff,

MICHAEL R. CAPPS,
Defendant.

Case No. 22-CR-10073-EFM

DECLARATION OF MICHAEL R. CAPPS

1. I, Michael R. Capps, declare under penalty of perjury that the following statements are true and
correct to the best of my knowledge, information, and belief.

2. I am 47 years old and am currently incarcerated at Federal Prison Camp Florence in Florence,
Colorado. I have been housed at this facility since December 31, 2024.

3. I am a United States military veteran who served honorably and was exposed to combat
situations that resulted in my diagnosis with Post-Traumatic Stress Disorder (PTSD). I also suffer
from severe sleep apnea and hypertension, all of which are service-connected conditions treated

by the Department of Veterans Affairs prior to my incarceration.

4. I submit this declaration to provide first-hand testimony about systematic medical record
falsification that I discovered occurred during my July 23, 2025 medical examination with

Provider Maltezo, Seana FNP-BC, and the ongoing medical emergency that threatens my life.

5. My current medical condition has deteriorated to a crisis level since corrections staff destroyed
my CPAP device on March 12, 2025. Without this life-saving equipment, my severe sleep apnea
has caused my blood pressure to reach dangerous levels that require immediate medical

intervention.

THE JULY 23, 2025 EXAMINATION FALSIFICA TIONS
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 7 of 54

6. On July 23, 2025, I attended a medical appointment with Provider Maltezo that lasted
approximately 15-20 minutes. After obtaining a copy of the medical records from this examination,

I discovered numerous false statements about what occurred during our encounter.

7. Blood Pressure Reading Falsification: During the examination, I observed Provider Maltezo
take my blood pressure using an automated cuff machine. I saw the digital display clearly show a
reading of 189/108. This reading alarmed me because I knew it indicated a medical emergency.
However, Provider Maltezo recorded my blood pressure as 159/108 in her notesa€”a deliberate

reduction of 30 points in the systolic reading.

8. When I expressed concern about the high reading I observed, Provider Maltezo dismissed my
concerns and told me that the reading was "not that bad" and that we would "keep monitoring it."
She made no mention of the reading constituting a medical emergency or requiring immediate

intervention.

9. False Documentation of Patient Comfort and Consent: Provider Maltezo's notes repeatedly
state that "IM states he is comfortable with this" regarding various treatment decisions. This is

completely false. I specifically expressed serious concerns about several proposed treatments:

10. Metformin Concerns: When Provider Maltezo suggested starting Metformin, I told her I was
very concerned about taking this medication because both my mother and maternal aunt
experienced significant health complications while taking Metformin. Provider Maltezo then told
me that unless I agreed to take Metformin, she would not consider restarting my previously
prescribed Semaglutide from the VA. I felt coerced into agreeing, but I was not "comfortable with

this" as she documented.

11. Testosterone Dosage Dispute: Provider Maltezo proposed restarting my testosterone at 75mg
weekly. I specifically told her that my VA-optimized dosage was 240mg, developed over more
than 24 months of treatment. I provided her with my VA medical records showing this correct
dosage. I protested the reduced dosage and explained that the VA had determined the optimal level
through extensive testing. Her documentation that "IM states understanding" is falsea€”I
specifically disagreed with the reduced dosage.

12. Cardiac Treatment Opposition: Regarding the blood pressure medication increase, I did not
express comfort with the treatment plan. I specifically told Provider Maltezo that my blood
pressure had been severely elevated for over 90 days with no meaningful improvement despite
medication, and that I was concerned the current approach was not working. I disputed the

adequacy of the treatment given the lack of improvement.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 8 of 54

FABRICATED PHYSICAL EXAMINATION FINDINGS

13. Provider Maltezo's medical records document several physical examination findings for body

parts and systems she never actually examined:

14. Mouth Examination: Her notes state "mucous membranes pink/moist." Provider Maltezo

never looked in my mouth or asked me to open my mouth during the entire examination.

15. Cardiac Examination: Her notes document cardiac findings including "RRR, PMS intact."

Provider Maltezo never used a stethoscope to listen to my heart during the examination.

16. Pulmonary Examination: Her notes state "respiratory effort is normal." Provider Maltezo

never listened to my lungs with a stethoscope or conducted any pulmonary examination.

17. The examination consisted primarily of Provider Maltezo sitting at her computer while asking
me general questions about my medications. She conducted minimal actual physical examination

despite documenting detailed findings for multiple body systems.
FABRICATED REVIEW OF SYSTEMS

18. Provider Maltezo's records document an extensive Review of Systems with denials for

numerous symptoms she never asked me about. Specifically, she documented that I denied:

19. "Fevers, night sweats, chills and weight loss" - She never asked me about any of these

symptoms.
20. "Palpitations, syncope" - She never asked me about heart palpitations or fainting episodes.

21. "Trouble breathing, excess sputum, wheezing" - She never asked me about breathing problems

or respiratory symptoms.

22. "Abdominal pain, changes in bowel, problems with urination" - She never asked me about

gastrointestinal or urinary symptoms.
23. "Skin rashes, concerning skin changes" - She never asked me about skin problems.

24. "Coughing up blood or blood in stool" - She never asked me about either of these serious

symptoms.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 9 of 54

25. The only symptoms she actually asked me about were general questions about my sleep and

energy levels related to my testosterone deficiency.

MEDICAL HISTORY MISREPRESENTATION

26. Provider Maltezo's notes state that I have "a history of narcolepsy." This is completely false. I
have never been diagnosed with narcolepsy, and this condition does not appear anywhere in my
extensive VA medical records. When she mentioned narcolepsy during our appointment, I
corrected her and explained that my Armodafinil prescription was for daytime sleepiness caused

by sleep apnea, not narcolepsy.

27. Provider Maltezo also documented contradictory diagnoses, listing both "Hypersomnia" and
"Insomnia" as current conditions. I have never claimed to have insomnia. My problem is
hypersomnia (excessive daytime sleepiness) caused by my severe sleep apnea and the lack of
proper CPAP treatment.

IGNORED PSYCHOLOGY CONSULTATION

28. During the examination, Provider Maltezo acknowledged that the psychology department had
formally requested psychotropic medications to help manage my PTSD symptoms, including
nightmares, insomnia, and mood issues. This request is documented as "Complaint 2" in her notes.

29. Despite acknowledging this request from psychology and my obvious need for mental health
medication support, Provider Maltezo provided no psychotropic medications and offered no

medical justification for denying the psychology department's recommendation.

30. This denial of mental health treatment has significantly impacted my ability to cope with the
stress of my medical emergency and the institutional failures I have experienced.

MEDICATION PROMISE FAILURES

31. Provider Maltezo documented specific treatment plans including prescriptions for testosterone
(75mg weekly), Modafinil (200mg daily), Metformin (500mg daily), and continuation of Effexor

(venlafaxine).
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 10 of 54

32. Despite these documented medication orders dated July 23, 2025, I have not received any of
these medications. When I have inquired about them at pill line or during sick call, staff tell me

they have no record of these prescriptions.

33. This pattern of documenting treatment plans while failing to actually provide the medications
represents a cruel deception that gives the appearance of medical care while providing none of the

actual benefits.

ONGOING MEDICAL EMERGENCY

34. Since the destruction of my CPAP device on March 12, 2025, my medical condition has
deteriorated dramatically. I continue to experience severe sleep-disordered breathing, with

multiple episodes each night where I stop breathing and wake up gasping for air.

35. My blood pressure remains at dangerous levels. I regularly monitor my blood pressure using
the unit's medical equipment, and my readings consistently exceed 180/120 mmHg, with some
readings over 200/110 mmHg. These readings indicate hypertensive crisis requiring immediate

medical intervention.

36. I experience daily symptoms including severe morning headaches, dizziness, chest discomfort,
extreme fatigue, and difficulty concentrating. I am in constant fear that I will suffer a stroke or

heart attack due to my uncontrolled hypertension.

37. Despite having a replacement CPAP hose provided in July 2025, my CPAP mask remains
broken from the March incident, making the device largely ineffective. The institutional medical

staff have been unable or unwilling to provide a replacement mask for over four months.

IMPACT OF FALSIFIED MEDICAL RECORDS

38. The falsified medical records created by Provider Maltezo have directly harmed my medical
care by creating a false impression that I am receiving adequate treatment and that my condition

is stable.

39. I am deeply concerned that these falsified records will be used to justify denial of future

medical care or to argue against my need for specialized treatment through the VA medical system.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 11 of 54

40. The systematic falsification of my medical records has destroyed any trust I might have had in
the institutional medical system's ability to provide honest, competent care for my life-threatening

conditions.

PATTERN OF INSTITUTIONAL FAILURES

41. The July 23, 2025 examination falsifications are part of a broader pattern of institutional
medical failures I have experienced, including the previously documented falsified medical record
from January 8, 2025, which described me as a "healthy 47-year-old male" on a date when I was

only 46 years old.

42. I have also witnessed other inmates' administrative remedy forms being physically altered with
correction fluid to remove allegations of medical misconduct, demonstrating that document

falsification is a systematic problem at this facility.

43. The restrictive medical care schedule, with only 30 minutes of sick call per week, makes it
virtually impossible to receive adequate care for complex medical conditions requiring specialized

equipment and monitoring.

NEED FOR IMMEDIATE VA MEDICAL CARE

44. Prior to my incarceration, the Department of Veterans Affairs provided comprehensive,
specialized care for my service-connected conditions. The VA medical system has the equipment,

expertise, and protocols necessary to manage my severe sleep apnea and resulting hypertension.

45. The institutional medical system at FPC Florence has demonstrated that it cannot provide the
specialized care I require and cannot be trusted to provide honest documentation of my medical

needs and treatment.

46. I am in immediate need of coordinated medical care through the VA system to address my
hypertensive crisis and provide proper CPAP therapy for my severe sleep apnea. Continued
institutional custody under current medical circumstances poses an imminent threat to my life.

47. | understand that I am statutorily eligible for community custody placement and would comply
with all supervised release conditions while receiving the specialized medical care necessary to

preserve my life and health.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 12 of 54

I declare under penalty of perjury under the laws of the United States that the foregoing is true and

correct to the best of my knowledge, information, and belief.

Executed on July 28, 2025, at Federal Prison Camp Florence, Florence, Colorado.

Register Number: 66142-509
Federal Prison Camp Florence
P.O. Box 5000

Florence, CO 81226
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 13 of 54

Exhibit C

EXHIBIT 36

VERIFIED DECLARATION OF BUTCH LAWRENCE
IN SUPPORT OF MOTION FOR COMPASSIONATE RELEASE

I, Butch Lawrence, declare under penalty of perjury under the laws of the United States that the

following is true and correct to the best of my knowledge, information, and belief:

1. I am a federal inmate currently housed at the Federal Prison Camp (FPC) Florence, located in
Florence, Colorado. My Bureau of Prisons (BOP) Register Number is 20699-511. I am the
cellmate of Michael Capps (BOP #66142-509) and have been living with him since I arrived
at this facility.

2. I'm writing this declaration to tell you what I saw happen to my cellmate Mike on August 20,
2025. I've been around long enough to know when something's seriously wrong with a
person, and what happened that day scared the hell out of me.

3. Mike's been keeping track of his blood pressure readings in a notebook, and I've seen those
numbers - they've been way too high for weeks. The day before this incident, on August 19,
2025, his reading was 217/108. That's not good by any stretch.

4. On August 20, 2025, around 1:30 in the afternoon, Mike, myself, and our neighbor Shannon
Siminole (BOP #88673-510) were taking a walk around the yard. It's something we do

regularly to get some fresh air and exercise.

5. During our walk, I could see Mike wasn't doing well. He was sweating pretty bad even though
it wasn't that hot, his face was pale as a sheet, and he was walking unsteady like he might
fall over. He told Shannon and me that he thought his blood pressure was spiking again and
that he was feeling dizzy with chest pain.

6. What happened next happened fast. Mike just dropped right there on the walking track - didn't
stumble or catch himself, just went down unconscious. I'm talking completely out cold. I
immediately got down beside him, calling his name loud while Shannon checked to make

sure he was still breathing.

7. Mike was unconscious for about a minute, which felt like forever when you're watching
someone you care about lying there not responding. When he came to, he was confused and

shaky, still pale, and complaining that his head was killing him.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 14 of 54

8. I helped him sit up and then we got him to his feet. Shannon and I both knew this was serious -
people don't just pass out for no reason. We needed to get him medical help right away, so

we walked him over to the medical office.

9. When we got to the medical office, the door was locked tight. There was a sign posted saying
medical staff only see inmates by appointment and you have to submit requests through the
computer system. Here's a guy who just passed out from what's obviously a medical

emergency, and there's nobody there to help him.

10. Shannon had the good idea to go to the recreation office where they keep a blood pressure
machine. We helped Mike over there and got a reading of 220/110. I don't know much about
medical stuff, but I know those numbers are dangerous. Mike was trembling, saying he felt
sick to his stomach, and his heart was racing.

11. I went looking all over the yard for any corrections officer who could help us or call for medical
assistance. I checked everywhere - the housing units, the recreation area, around the

perimeter. There wasn't a single guard anywhere on the yard when we needed help.

12. After about 20 minutes, Mike said his dizziness was getting a little better, but I could tell he
was still in bad shape. With no medical staff available and no guards to be found, Shannon
and I had no choice but to help him back to our cell so he could rest.

13. I stayed close to keep an eye on Mike's condition. I was worried he might pass out again, and
frankly, I was scared he could have a stroke or heart attack right there in our cell. This wasn't

some minor health issue - this was a man in serious medical trouble.

14. I've seen Mike's medical problems get worse since he's been here. His CPAP machine got
broken by a guard back in March, and they still haven't fixed it properly. His blood pressure
has been getting worse and worse, and the medical staff here just don't seem to take it

seriously.

15. What bothers me most is that when someone needs help - real help - there's nobody here who
can provide it. Mike's been approved for halfway house placement to get proper medical
care, but they keep delaying it for reasons that don't make sense. Meanwhile, he's getting

sicker.

16. I'm not a doctor, but I've worked construction my whole life and I know what it looks like
when someone's in trouble. Mike was in trouble that day, and if something like this happens

again without proper medical care available, I'm afraid we might lose him.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 15 of 54

17. I respectfully ask the Court to consider Mike's medical situation seriously. He's a good man
who deserves a chance to get the medical care he needs before it's too late. What I witnessed
on August 20, 2025 was a medical emergency, plain and simple, and this place Just isn't

equipped to handle his condition.

I declare under penalty of perjury under the laws of the United States of America that the foregoing

is true and correct to the best of my knowledge, information, and belief.

Butch Lawrence LiLef pewter

Register Number: 20699-511

Federal Prison Camp Florence
5725 8th Street
Florence, CO 81226

Executed this aN day of August, 2025, at FPC Florence, Florence, Colorado.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 16 of 54

Exhibit D

EXHIBIT 35

VERIFIED DECLARATION OF MICHAEL R. CAPPS
IN SUPPORT OF MOTION FOR COMPASSIONATE RELEASE

I, Michael R. Capps, declare under penalty of perjury under the laws of the United States that the following is true and correct to
the best of my knowledge, information, and belief:

1. 1 am a federal inmate currently incarcerated at the Federal Prison Camp (FPC) Florence, located in Florence, Colorado. My
Bureau of Prisons (BOP) Register Number is 66142-509. I am 47 years of age and of lawful age to make this declaration.

2. 1am a United States Air Force veteran with service-connected disabilities including severe sleep apnea, hypertension, and
PTSD. | arrived at FPC Florence on December 31, 2024, and am currently serving a 27-month sentence with a release date of
May 2, 2026.

3. On July 7, 2025, I submitted a BP-9 administrative remedy requesting a five-factor review under 18 U.S.C. § 3621(b) to
determine my eligibility for pre-release custody placement, specifically requesting placement in a Residential Reentry Center
(RRC) or home confinement based on my medical needs and statutory eligibility.

4. On July 16, 2025, Camp Administrator D. Griffin called me into her office and informed me that she agreed to resubmit me
for a halfway house placement date of September 30, 2025, based on my medical needs. Administrator Griffin asked me to
withdraw my BP-9 as a result of this agreement, which I did on the same date (Administrative Remedy #1247459-F1).

5. Administrator Griffin's recommendation for September 30, 2025 placement was based on her completion of the statutory five-
factor review required under 18 U.S.C. § 3621(b). This recommendation was supported by my case manager, medical staff,
psychology staff, and Institution Warden D. Jones, all of whom endorsed the September 30, 2025 placement date based on
my documented medical needs.

6. On August 1, 2025, Case Manager Rodriguez identified an error in the paperwork and corrected the mistake, resubmitting the
recommendation for approval to the Dallas, Texas Residential Reentry Management (RRM) office.

7. On August 7, 2025, Camp Administrator Griffin notified me that the Residential Reentry Management office in Dallas, Texas
had modified her recommendation and assigned January 8, 2026 for placement, despite Griffin's completion of the statutory
five-factor review and the unanimous endorsement of local staff for the September 30, 2025 date.

8. I was informed by institutional staff that the Dallas RRM office cited "bed space limitations" as the primary factor for
delaying my placement from September 30, 2025 to January 8, 2026.

9. [have personal knowledge that on June 17, 2025, BOP Director William K. Marshall III issued a memorandum to all Chief
Executive Officers titled "Use of Home Confinement as a Release Option." This memorandum explicitly states that
"Residential Reentry Center (RRC) bed availability/capacity shall not be a barrier to HC when an individual is
statutorily eligible and appropriate for such placement."

10. The Director's memorandum further states that referrals "ordinarily should not experience delays in prerelease placement
based on administrative timing, presumed RRC capacity limits or placement constraints, or pending credit accrual."

11. The Dallas RRM office's decision on August 7, 2025, citing bed space limitations as justification for delaying my placement,
directly violates the explicit policy directive issued by the BOP Director 52 days earlier on June 17, 2025.

12. Since arriving at FPC Florence, I have experienced severe medical deterioration due to the facility's inability to provide
adequate care for my service-connected conditions. My CPAP mask was damaged by a corrections officer on March 12,
2025, and despite multiple requests, has not been properly replaced, causing my sleep apnea to remain untreated.
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25.

Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 17 of 54

I have maintained detailed blood pressure monitoring records documenting the progressive deterioration of my hypertension
since the CPAP damage. These readings show a clear pattern of escalation from Stage 2 Hypertension in March 2025 to
sustained Hypertensive Crisis and Severe Hypertensive Emergency levels beginning in June 2025.

During the period from June 11, 2025 through August 7, 2025 (the date of the Dallas RRM decision), I sustained 58+
consecutive days of blood pressure readings at Hypertensive Crisis or Severe Hypertensive Emergency levels, including:

a. Peak reading of 217/108 mmHg on August 5, 2025 (two days before Dallas RRM decision)
b. Reading of 214/108 mmHg on August 7, 2025 (the day Dallas RRM made their bed space decision)
c. Average readings during this period of 208/105 mmHg - consistently life-threatening levels

According to American Heart Association guidelines, blood pressure readings over 180/120 mmHg constitute a Hypertensive
Crisis requiring immediate medical attention, and readings over 200/100 mmHg constitute a Severe Hypertensive Emergency
requiring emergency intervention to prevent stroke, cardiac arrest, or organ damage.

Despite maintaining blood pressure readings at life-threatening emergency levels for over 58 consecutive days, no
documented medical intervention has been provided by FPC Florence medical staff. My requests for emergency medical
care have been ignored or delayed.

The timing correlation between the Dallas RRM's policy violation and my medical emergency is particularly egregious:
Dallas RRM made their decision to delay my placement based on prohibited bed space limitations while I was experiencing
severe hypertensive emergency (214/108 mmHg on August 7, 2025), following 58 days of sustained crisis-level readings.

I have witnessed a pattern of administrative dysfunction at FPC Florence, including the alteration of administrative remedy
documents as documented in the case of inmate David H. Payne (BOP #76493-112), who submitted evidence that staff used
correction fluid to remove his allegations of document falsification from his BP-9 form.

The facility has also created false medical records in my case, including a fabricated physician encounter dated January 8,
2025, listing my age as 47 when I did not turn 47 until January 17, 2025. Clinic Administrator Ms. Alvarado confirmed that
“no physician encounter with Mr. Capps occurred on that date."

The combination of the Dallas RRM's direct violation of the BOP Director's explicit policy and the ongoing medical
emergency created by administrative delays demonstrates that further administrative remedies are futile and that immediate
judicial intervention is necessary to prevent irreversible harm or death.

Prior to incarceration, my medical conditions were successfully managed through the Veterans Affairs healthcare system with
integrated care including proper CPAP equipment, regular cardiology monitoring, and mental health treatment. The
deterioration I have experienced at FPC Florence directly results from the facility's inability to provide adequate specialized
care.

I am already eligible for placement in community custody under BOP policies effective April 26, 2025, and have completed
extensive rehabilitation programming including Thresholds, Non-Residential RDAP, 7 Habits of Highly Effective People,
Basic Cognitive Thinking, Drug Education, Business Management, and Veterans' Reentry Program.

I have maintained a clean disciplinary record throughout my incarceration and pose no risk to public safety. My conviction
was for a non-violent offense, I voluntarily surrendered, and I have substantial community ties and support systems in place.

The current medical crisis requires immediate access to specialized cardiovascular care and proper sleep apnea treatment that
cannot be provided within the federal prison system. Each day of delay increases the risk of stroke, cardiac arrest, or
irreversible organ damage.

I respectfully submit this declaration in support of my motion for compassionate release, requesting that the Court convert the
remainder of my sentence to supervised release with appropriate medical monitoring conditions, as this represents the only
effective remedy capable of providing immediate relief while maintaining appropriate accountability and oversight.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best

of my knowledge, information, and belief.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 18 of 54

Michael R. Capps Willd Aa
-509

Register Number: 66142
Federal Prison Camp Florence
5725 8th Street

Florence, CO 81226

Executed this 20thday of August, 2025, at FPC Florence, Florence, Colorado.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 19 of 54

‘ubject: Urgent Request for Review - Michael Capps (66142-509) RRC Placement Delay
rom: Charles Capps charles.capps@emailpro.net

0: rxstover@bop.gov rxstover@bop.gov 7
late: 8/17/25 10:14 PM x

lear Mr. Stover,

am writing regarding my father, Michael Capps (Register Number: 66142-509), currently housed at FPC
lorence. | respectfully request your immediate review and intervention regarding a concerning delay in his
pproved Residential Reentry Center (RRC) placement.

In September 30, 2025, my father was scheduled for RRC placement based on recommendations from his
nit team, medical staff, psychology department, and approval from Warden Jones. Despite these
omprehensive endorsements and Director Marshall's directive against unnecessary placement delays, this
‘ansfer has been postponed for four months without clear justification.

Ny father is a 100% service-disabled veteran suffering from:
Severe hypertensive blood pressure (uncontrolled for 4+ months)
Combat-related PTSD requiring specialized treatment

Additional medical conditions requiring VA care access

he continued delay in RRC placement prevents him from accessing critical VA healthcare resources and
pecialized treatment programs specifically designed for veterans with his conditions.

\dministrative Actions Taken

Administrative remedies BP-8 and BP-9 have been filed
Congressional inquiry initiated through Senator Lankford's office
Multiple requests for clarification have been submitted

ipecific Requests

. Immediate review of the decision to override the unanimous recommendations for RRC placement
. Written explanation for the four-month delay beyond the approved 9/30/25 date

. Timeline for when placement will occur

. Interim medical care to address his deteriorating health conditions

fy father served our country with honor in Afghanistan and deserves the dignified treatment befitting a
isabled veteran. The current situation not only contradicts established BOP procedures but also jeopardizes
is health and successful reintegration.

respectfully request your prompt attention to this matter and look forward to your response within 10
usiness days.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 20 of 54

‘-harles Capps
‘on of Michael Capps (66142-509)

c: Senator Lankford's Office, VA Patient Advocate

ient from Proton Mail Android
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 21 of 54

TRULINCS 66142509 - CAPPS, MICHAEL R - Unit: FLF-T-A

FROM: 66142509 - ¥
TO: Mackin, Rabb:

SUBJECT: Recent Medical Incident x

DATE: 08/25/2025 02:12:05 PM

Afternoon Rabbi -
Hopefully your week ts starting off well... | wanted to loop you in to a new medical incident that occurred this past week

As you may recall from my last email, | have been attempting to track my blood pressure on a daily basis - since the prison
refuses to check it but once a month, | found the recreation office has a monitor we can use to self-monitor

On August 19, my recorded BP was 217/108 - | had a severe headache, some chest tightness and seemed to be short of
breath most of the morning. Like most days, | pressed on thinking things would subside as the day went on..

The following day, on the 20th, my cellmate Butch Lawrence and my neighbor Shannon Siminole were taking our usual! walk
around the yard - I've been averaging 4-6 miles daily at least 5-6 days of the week. During our walk, | began experiencing
similar symptoms from the day before, just more severe - intense dizziness, chest pain, irregular heartbeat and shortness of
breath... Both Shannon and Butch asked me if | was ok and before | could really even speak, | began getting tunnel vision
before blacking out - | woke up on the ground, no memory of falling or hitting the ground.

Butch and Shannon claim | was out for about a minute before waking up with intense head pain, throbbing chest and continued
breathing difficulty.

The two of them helped me up and walked me to the medical clinic - which was locked and closed - apparently we have to
schedule appointments through TRULINKS now and wait for an appointment - we did make it back to recreation and checked
my BP again at 220/110 - they got me some water and | attempted to rest in the chair for about 20 minutes of so. Butch tried to
find a CO on the yard but everyone was gone - so they took me back to my bunk to try and rest...

Obviously the event was beyond alarming and honestly scared me in a way | don't think I've ever felt - the Bureau continues to
restrict access to my VA prescribed medications and have done nothing to address my BP continuing to rise.

My unit team has requested | be transferred to a RRC on 9/30/25, opening access to VA healthcare where | can be seen by a
cardiologist, sleep specialist and endocrinologist - all specialties that Florence either does not have or will not refer to. However.
the RRM moved this date back to 1/8/26 citing bed space - there has to be a bed somewhere in the Bureau - any location will

allow me to access the VA care | need.

| am not sure what resources you may or may not have available, but any assistance would be appreciated

Thank you,

Michael Capps
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 22 of 54

TRULINCS 66142509 - CAPPS, MICHAEL Ro Unit: FL TA

FROM. Mockin, Rabbi
SUBJECT: RE: Recent Medical Incident
TE: 08/26/2025 02:06:05 PM

Hello Michael,

I'm so sorry to hear about what happened to you this week during your walk Please know that [have reached oul to toentr,
inquire if an earlier date could be (rejconsidered, Please continue to keep me posted

Best,
Rabbi Mockin
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 23 of 54

TRULINCS 66142509 - CAPPS, MICHAEL R - Unit: FLE-T-A

UBJECT: RE: Recent Medica! Incident

Dear Michael,

| am happy to share that reentry updated your halfway house date to 12/3
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 24 of 54

PM StlEEP LAB
2020 N. Woodlawn #450 Wichita, KS 67208 Phone: (316) 687-3071 Fax (316) 687-3056

Patient Name: | CAPPS, MICHAEL Height: | 70.0 in. BMI: | 52.4
Recording Date: | 5/4/2021 Weight: | 365.0 Ibs. DOB: | 1/17/1978
Review Date: | 5/6/2021 Neck Circ.: | 18 Gender: | M
Acquisition #: | 100585 Epworth Sleepiness Scale: | 19
Referring Physician: | ZACHARY WAJVODA, PA-C Recording Technician: | KIMBERLY LARREMORE, RPSGT
Interpreting Physician: | CAROLE GUILLAUME, MD Scoring Technician: | K. LARREMORE, RPSGT;
P. CUTTING CRT, RPSGT

NOCTURNAL POLYSOMNOGRAPHY

INDICATION FOR STUDY: Z00.00

PROCEDURE: Polysomnography was conducted on the night of 5/4/2021. The following were monitored: central and frontal occipital
EEG, electrooculogram (EOG), submentalis EMG, nasal and oral airflow, thoracic and abdominal wall motion, anterior tibialis EMG,
body position and electrocardiogram. Arterial oxygen saturation was monitored with a pulse oximeter. The tracing was scored using 30
second epochs. Hypopneas were scored per AASM Scoring Manual Version 2.4 (4% desat criteria - Rule 1B).

STUDY TIMES AND STAGES:

RECORDING TIME: 470.0 minutes N1: 79.3% of total sleep time
TOTAL SLEEP TIME: 377.0 minutes N2: 16.7% of total sleep time
SLEEP LATENCY: 2.0 N3: 0.0% of total sleep time
SLEEP EFFICIENCY: 89.0% REM: 4.0% of total sleep time
AROUSAL INDEX: 122.5

SLEEP ARCHITECTURE: Sleep latency was decreased. REM latency was increased. N1 sleep was increased. N2 sleep was
decreased. N3 sleep was not present. 770 arousals were observed of which 728 were associated with respiratory events, 0 with limb
movement and 42 were spontaneous. 2 RERA’S were observed. The average arousal index was 122,5/hr. Sleep efficiency 89.0 %.

RESPIRATORY EVENTS: Apneas: 402. Partial apneas: 409. AHI of 129.1. AHI in REM 96.0.

OXYGENATION: Average saturation levels throughout the study was 81%. The lowest saturation level was 52%.
LIMB MOVEMENTS: 0 with an index of 0. 0 random limb movements were observed, 0 were associated with arousal.
CARDIAC: Mean heart rate of 82.7.

TECHNICIANS COMMENTS: Frequent snores were mild to heroic. Sleep was fragmented by apneas, hypopneas and some
RERAs. 02 at 1lpm was added at 23:08 due to low Sp02. This was a PSG order through QTC.

Impression:
1. Obstructive & Central Sleep Apnea- G47,33 & G37.31 ue ST jf TT uw
2. Sleep related hypoventilation in conditions classified elsewhere- G47.36 =

3. Hypersomnia- R09.02

4. Morbid Obesity (BMI greater than 39)- E66.01

Recommendations:

1. Immediate full night CPAP Titration PSG.

2. Avoid driving and operation of machinery if somnolent. Sleep hygiene measures. Avoid use of alcohol, opioids
or sedative/hypnotic agents prior to bedtime. Physician supervised weight loss measures.

3. eC referring physician and/or Sleep Specialist to discuss these results and for ongoing care.

ee a ew ERE gecaly signed May 5, 2021 by Carole A. Guillaume, MD, FAASM who may be reached at (913) 777-0077
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 25 of 54

Exhib

DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Regional Office

MICHAEL CAPPS

VA File Number
514 78 7272

Represented By:
VETERANS OF FOREIGN WARS OF THE US
Rating Decision
06/27/2018

INTRODUCTION

The records reflect that you are a veteran of the Gulf War Era. You served in the Air Force from
February 3, 2000, to December 28, 2002. You filed a new claim for benefits that was received on
April 23, 2018. Based on a review of the evidence listed below, we have made the following
decision on your claim.

DECISION

Service connection for posttraumatic stress disorder (also claimed as mental health condition) is
granted with an evaluation of 70 percent effective April 23, 2018.

EVIDENCE

e VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation
Benefits, April 23, 2018

e VA Form 21-4138, Statement in Support of Claim, received April 23, 2018 (multiple)

e VA Form 21-0781, Statement In Support Of Claim For Service Connection for Post-
Traumatic Stress Disorder (PTSD), received April 23, 2018
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 26 of 54

MICHAEL CAPPS
514 78 7272

VA letter concerning your claim, dated April 30, 2018

VA letter concerning your claim, dated May 3, 2018

Section (§) 5103 Notice Response, received May 15, 2018

Service treatment and personnel records, received June 17, 2003, May 1, 2018, May 25,
2018; from the period of service dated February 2000 to December 2002

Medical records, Beck's Depression Inventory, received April 23, 2018; dated April 2018

e VA treatment records from VAMC Kansas City dated March 31, 2008 to June 12, 2018 (to
include C&P exam)

REASONS FOR DECISION

Service connection for posttraumatic stress disorder (also claimed as mental health

condition).

Service connection for posttraumatic stress disorder (also claimed as mental health condition)
has been established as directly related to military service.

We took your statement as evidence of the claimed stressful experience or stressor. The VA
examiner related the stressor to fear of hostile military or terrorist activity, and the VA examiner
linked your symptoms to the stressor.

An evaluation of 70 percent is assigned from April 23, 2018.

We have assigned a 70 percent evaluation for your posttraumatic stress disorder (also claimed as
mental health condition) based on:

° Difficulty in adapting to stressful circumstances

* Difficulty in adapting to work

* Inability to establish and maintain effective relationships

* Depressed mood

¢ Disturbances of motivation and mood

* Difficulty in adapting to a worklike setting

¢ Anxiety

* Occupational and social impairment with occasional decrease in work efficiency and
intermittent periods of inability to perform occupational tasks (although generally functioning
satisfactorily, with routine behavior, self-care, and conversation normal)

* Difficulty in establishing and maintaining effective work and social relationships

¢ Chronic sleep impairment

The overall evidentiary record shows that the severity of your disability most closely
approximates the criteria for a 70 percent disability evaluation.

A higher evaluation of 100 percent is not warranted for posttraumatic stress disorder unless the
evidence shows total occupational and social impairment, due to such symptoms as:

* gross impairment in thought processes or communication

* persistent delusions or hallucinations
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 27 of 54

MICHAEL CAPPS
514 78 7272

° grossly inappropriate behavior

* persistent danger of hurting self or others

* intermittent inability to perform activities of daily living (including maintenance of minimal
personal hygiene)

* disorientation to time or place

* memory loss for names of close relatives, own occupation, or own name.

The effective date is April 23, 2018, which is the date we received your claim.

REFERENCES:

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the
regulations of the Department of Veterans Affairs which govern entitlement to all veteran
benefits. For additional information regarding applicable laws and regulations, please consult
your local library, or visit us at our website, www.va.gov.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 28 of 54

DEPARTMENT OF VETERANS AFFAIRS

February 22, 2025

Michael Ray Capps In Reply Refer to:
1611 S Utica Ave Ste 328 XXX-XX-7272
Tulsa, OK 74104 27/eBenefits

Dear Mr. Capps:

This letter certifies that Michael Ray Capps is receiving service-connected disability compensation from the
Department of Veterans Affairs.

The current benefit paid is as follows:

Gross Benefit Amount $3,967.36

Net Amount Paid $3,967.36
Effective Date December 1, 2024
Combined Evaluation 100 percent

How You Can Contact Us

If you need general information about benefits and eligibility, please visit us at https://www.ebenefits.va.gov
or http://Awww.va.qov.

Call us at 1-800-827-1000. If you use a Telecommunications Device for the Deaf (TDD), the number is 1-
800-829-4833.

* Ask a question on the Internet at https:/Awww.va.gov/contact-us.

Sincerely Yours,

Regional Office Director
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 29 of 54

DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Regional Office

Michael Capps

VA File Number
514 78 7272

Represented By:
VETERANS OF FOREIGN WARS OF THE US
Rating Decision
02/08/2024

INTRODUCTION

The records reflect that you are a Veteran of the Gulf War Era. You served in the Air Force from
February 3, 2000 to December 28, 2002. We received your supplemental claim on September 18,
2023. Based on a review of the evidence listed below, we have made the following decision(s)
on your claim.

DECISION

Service connection for mixed sleep apnea is granted with an evaluation of 50 percent effective
September 18, 2023.

EVIDENCE

e Service Treatment Records, for the period February 3, 2000 to December 28, 2002

e Service Personnel Records, for the period February 3, 2000 to December 28, 2002

e VAMC (Veterans Affairs Medical Center) treatment records, VAMC Heartland, for the
period March 31, 2008 to February 5, 2024

e VA Form 21-526EZ Application for Disability Compensation and Related Compensation
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 30 of 54

Michael Capps
514 78 7272

2 of 4

Benefits, received November 6, 2019

Disability Benefit Questionnaire, Gina Uribe, ARPN, MN, FNP, dated October 29, 2019
Private Treatment Records, Virtuox, for the period June 19, 2017 to June 20, 2017
Medical Opinion, Ms. Gina Uribe, dated October 29, 2019

VA Subsequent Development Letter, dated November 19, 2019

VA Examination, Kansas City VAMC, dated January 27, 2020

Rating Decision, dated January 29, 2020

VA Notification Letter, dated January 30, 2020

VA Form 20-0995, Decision Review Request - Supplemental Claims, received August 10,
2020

Medical Opinion, Dr. Frederick Nolen, Ph.D, dated August 3, 2020

Rating Decision, dated August 12, 2020

VA Notification Letter, dated August 13, 2020

VA Form 20-0995, Decision Review Request - Supplemental Claims, received August 27,
2020

VA Form 21-4138, Statement in Support of Claim, received August 27, 2020

Duplicate medical opinion already of record, received August 27, 2020

VA Examination, VA contract facility in Diamond Bar, CA, completed using review of
acceptable clinical evidence, dated September 9, 2020

Rating Decision, dated October 19, 2020

VA Notification Letter, dated October 20, 2020

VA Form 20-0995, Decision Review Request - Supplemental Claims, invalid signature,
received December 11, 2020

Medical Opinion, Michael Bucci, PA-C, MPLC, dated July 20, 2020

VA Notification Letter, signature needed dated December 21, 2020

VA Form 20-0995, Decision Review Request - Supplemental Claims, received February 1,
2021

VA Form 21-4138, Statement in Support of Claim, received February 1, 2021

Medical opinion, Ms. Nancy Reeves, PA-C, dated January 31, 2021

Sleep Apnea VA Disability Medical Evidence Form, Nancy Reeves, dated January 31, 2021
Sleep Study, PM Sleep Lab, dated May 6, 2021

VA Examination, VA contract facility in Diamond Bar, CA completed using review of
acceptable clinical evidence, dated May 12, 2021

Rating Decision, dated May 13, 2021

VA Notification Letter, dated May 17, 2021

VA Form 20-0996, Decision Review Request - Higher Level Review, received May 29, 2021
HLR Informal Conference Worksheet, dated August 2, 2021

VA Rating Decision dated August 2, 2021

Statement from John Hamilton, MD, dated June 17, 2021, received September 2, 2021
VA contracted medical review and medical opinions, provided by QTC on August 23, 2021
VA Form 20-0995, Decision Review Request - Supplemental Claims, received September
18, 2023

VA Form 21-10210, Lay/Witness Statement, received September 18, 2023

Disability Benefit Questionnaire, Sleep Apnea, QTC, conducted October 12, 2023
Disability Benefit Questionnaire, Medical Opinion, QTC, conducted October 12, 2023
Disability Benefit Questionnaire, Sleep Apnea, QTC, conducted January 23, 2024
Disability Benefit Questionnaire, Medical Opinion, QTC, conducted January 23, 2024
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 31 of 54

Michael Capps
514 78 7272

3 of 4

REASONS FOR DECISION

Service connection for mixed sleep apnea as secondary to the service-connected disability of
posttraumatic stress disorder (PTSD) with insomnia.

Service connection for mixed sleep apnea has been established as related to the service-
connected disability of posttraumatic stress disorder (PTSD) with insomnia. (38 CFR 3.303, 38
CFR 3.310)

The effective date of this grant is September 18, 2023. Service connection has been established
from the day VA received your claim. When a claim of service connection is received more than
one year after discharge from active duty, the effective date is the date VA received the claim.
(38 CFR 3.400)

A claimant may continuously pursue a claim by timely and properly filing a supplemental claim.
"Timely" means the supplemental claim is submitted within one year of the VA decision.
"Properly" means VA form 20-0995, Decision Review Request: Supplemental Claim, is
completed and submitted along with new and relevant evidence. (38 CFR 3.2500, 38 CFR
3.2501)

If the claim is not continuously pursued and benefits are granted, the effective date will be the
date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim
currently under review. (except as otherwise provided by other regulations including 38 CFR
3.400)

An evaluation of 50 percent is assigned from September 18, 2023.

We have assigned a 50 percent evaluation for your sleep apnea based on:
* Requires use of breathing assistance device such as continuous airway pressure (CPAP)
machine

A higher evaluation of 100 percent is not warranted for sleep apnea syndromes unless the
evidence shows:

¢ Carbon dioxide retention; or,

* Chronic respiratory failure; or,

* Cor pulmonale; or,

* Tracheostomy required. (38 CFR 4.96, 38 CFR 4.97)

REFERENCES:

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the
regulations of the Department of Veterans Affairs which govern entitlement to all Veteran
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 32 of 54

Michael Capps
514 78 7272

4 of 4

benefits. For additional information regarding applicable laws and regulations, please consult
your local library, or visit us at our website, www.va.gov.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 33 of 54

Exhibit H

Reference Doc. 285, Exhibit 8
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 34 of 54

Exhibit |

Reference Doc. 285, Exhibit 10
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 35 of 54

Bureau of Prisons
Health Services
Clinical Encounter

inmate Name CAPPS, MICHAEL R —
Date of Birth OWVI7/1978

Encounter Date: 07/23/2025 14:13

Provider. Maltezo. Seana FNP-BC | Unit T

Reviewed Health Status: Yes

Chronic Care - Advanced Practice Provider Follow Up encounter performed at Health Services

SUBJECTIVE:

COMPLAINT 1

Provider: Maltezo, Seana FNP-BC

Chief Complaint: Chronic Care Clinic

Subjective:

Pain:

IM is seen for chronic care. Discussed his weight, BMI, and commissary. Prior to 6 5 2025. Ne
had a lot of processed foods w carbs and sugars. IM has not purchased any comnussan
since 6/5/2025. IM endorses he is also walking up to 60 miles a week on the treadmil! now

Cardiac: He Slates he is taking his Amlodipine and Lisinopril as prescribed. Reviewed chart
and his BPs continue to be elevated. Discussed to increase his Amlodipine to 10mg daily
along with keeping his Lisinopril. IM states he is comfortable with this.

MH: IM has been on Effexor. States the medication was helping and he would like to continue
taking it. Denies SI/HI. Will continue.

OSA: IM states with his new hose is working better for him. He endorses he is averaging 5-
6hrs of sleep. He endorses his sleep is not as well as it was originally.

Endo: Discussed starting Metformin 500mg daily and f/u in 30 days. IM comfortable with this.
Reviewed his testosterone levels which total is low at 202 and testosterone free is 29.4. 1M
has hit the washout period. He continues with low energy, fatigue, depression. Discussed re-
starting his testosterone at 75mg IM weekly for now. Discussed he was on 240mg IM when he
came but now his BP ts elevated, and a side effect of the medication is BP elevation.
Discussed the importance of not elevating it more due to risk of strike or MI. IM states
understanding.

Gl: IM endorses his acid reflux is starting to return and would like Omeprazole again. Denies
coughing up blood or blood in stool.

Discussed with IM metabolic syndrome. Discussed BP control, diet control, new medications.
continue to exercise. IM states understanding and is comfortable with plan.

Plan:

-testosterone 75mg IM weekly

-increase Amlodipine to 10mg daily

-start metformin 500mg daily

-flu 30 days

-chart review of NFRs

-continue to exercise and decrease commissary
-continue venlafaxine

Not Applicable

COMPLAINT 2

Provider: Maltezo, Seana FNP-BC

Chief Complaint, MENTAL HEALTH

Subjective:

IM was seen
From psychology: patient has insomnia (but also narcolepsy...?)

“| am reaching out in the hopes of adding a psychotropic medication to Mr. CAPPS's current

Generated O7 24/2025 06 40 by Maltezo, Seana FNP-BC Bureau of Prisons - FLM Pane
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 36 of 54

Reg #: 66142-509

ITE Facility: FLF
M Race: WH TOs

Date of Birth: 01/17/1978

Encounter Date: 07/23/2025 14:13 Provider: Maltezo, Seana FNP-BC = Unit:

treatment. He is a CARE2-MH with a diagnosis of Posttraumatic Stress Disorder. During a
recent clinical contact, CAPPS reported low mood and poor sleep. Specifically he relayed
nightmares, trouble falling asleep, feeling fatigued during the day, and getting between 5.5
and 6 hours of sleep per night (he reports this is a departure from his typical 8 to 9 hours). |
CAPPS has expressed interest in being seen for medications that may help him manage his
low mood and trouble sleeping. “

IM with history of narcolepsy. He was on Armodafinil when he arrived and was changed do
Modafinil. The Modafinil helped with his sleeping along with his c-pap. He is currently on
Venlafaxine for his depression. Discussed as his sleep study has shown extreme sleep
apnea, his continued decreased sleep at night, fatigue and depression during the day to try
Modafinil again. IM states he is comfortable with this.

Plan:
-Start on 100mg Modafinil daily
Pain: Not Applicable
Allergies:
Allergy Reaction Comments

No Known Allergies

Allergies list reviewed/updated for the presence or absence of allergies, sensitivities, and other reactions to drugs,
materials, food and environmental factors with the patient on 07/23/2025 14:13 by Maltezo, Seana FNP-BC

Seen for clinic(s): General

OBJECTIVE:
Pulse:
Date Time Rate Per Minute Location Rhythm Provider
07/23/2025 14:21 FLX 97 Via Machine Maltezo, Seana FNP-BC
Respirations:
Date Time Rate Per Minute Provider
07/23/2025 14:21 FLX 16 Maltezo, Seana FNP-BC
Blood Pressure:
Date Time Value Location Position Cuff Size Provider
07/23/2025 14:21 FLX 159/108 Left Arm Sitting Maltezo, Seana FNP-BC
SaO2:
Date Time Value(%) Air Provider
07/23/2025 14:21 FLX 94 Room Air Maltezo, Seana FNP-BC
Height:
Date Time Inches Cm _—_— Provider
07/23/2025 14:21 FLX 70.0 177.8 Maltezo, Seana FNP-BC
Weight:
Date Time Lbs Kg Waist Circum. Provider
07/23/2025 14:21 FLX 347.1 157.4 Maltezo, Seana FNP-BC

Exam Comments

Sanerated 17/24/2025 06 40 by Maltezo, Seana FNP-BC Bureau of Prisons - FLM ~
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 37 of 54

inmate Name: CA MIC
Date of Birth:

Reg # 66142-509
OV17/1978 Sex: — TE Facility: FLF
= ex: M Race: WHITE y
Encounter Date: 07/23/2025 14:43 Provider: Mallezo, Seana FNP-BC Unit TOS

GEN: Obese, clean,

appropriate behavior and interaction
HEAD: No Signs of trauma.
EYES: EOMI and PE

RL BIL, no discoloration/erythema no exophthalmos or abnormal discharge.
MOUTH: Mucous membranes pink/moist
PULM: Respiratory e

ffort is normal.
CARDIAC: RRR, PMS intact
Peripheral exam: no

edema noted in the extremities
GAIT: normal without limp or signs of pain
ROS Comments

GEN: denies fevers,
CV: Denies CP, palpitations, syncope

PUL: Denies SOA, trouble breathing, excess sputum, wheezing
Gk: denies ab Pain, changes in bowel
GU: denies problems with urination
Skin: denies rash, concerning skin changes

MSK: denies trauma, denies Popping, denies changes to chronic pain
PSYCH: denies SI, thoughts of self-

harm, auditory and visual hallucinations
ASSESSMENT:

night sweats, chills and wt loss

Endocrine disorder, unspecified, E349 - Current

Essential (primary) hypertension, 110 - Current

Gastro-esophageal reflux disease with esophagitis, without bleeding, K2100 - Current
Hypersomnia, G4710 - Current

Insomnia, G4700 - Current

Prediabetes, R7303 - Current

Sleep apnea, G4730 - Current

Testicular dysfunction, E299 - Current

Posttraumatic Stress Disorder, F43.10 - Current

PLAN:
New Medication Orders:
amLOD!Pine Tablet 07/23/2025 14:13
Prescriber Order: 10mg Orally - daily x 365 day(s)

Indication: Essential (primary) hypertension

Omeprazole Capsule/Tablet 07/23/2025 14:13
Prescriber Order: 20mg Orally - daily x 365 day(s)

Indication: Gastro-esophageal reflux disease with esophagitis, without bleeding

Testosterone Cypionate Inj

07/23/2025 14:13
Prescriber Order: 75mg Intramuscularly Weekly x 90 day(s) Pill Line Only

Indication: Testicular dysfunction

Non-Formulary was created for this drug

Modafinil Tablet _ 07/23/2025 14:13
Prescriber ri: 200mg Orally - daily x 30 day(s) Pill Line Only

Indication: Sleep apnea. Hypersomnia
Non-Formulary was created for this drug

7/24/2025 06-40 by Maltezo, Seana FNP-5C Bureau of Prisons - FLM Page 30
Generated 07/24/ re) )
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 39 of 54

Bureau of Prisons
Health Services
Clinical Encounter - Administrative Note

Inmate Name: CAPPS, MICHAEL R

Date of Birth: 01/17/1978 Sex: M Race: WHITE Facility; § FLF
Note Date: 07/02/2025 15:27 Provider’ Maltezo, Seana FNP-BC Unit: TO5

Reviewed Health Status: Yes

Admin Note - General Administrative Note encounter performed at Health Services.
Administrative Notes:

ADMINISTRATIVE NOTE 1 Provider: Maltezo, Seana FNP-BC

Did 1 for 1 exchange for c-pap hose with ResMed specific hose. IM stated satisfaction with new hose.

Copay Required: No
Telephone/Verbal Order: No

Cosign Required: No

Completed by Maltezo, Seana FNP-BC on 07/02/2025 15:30

Senerated 07/02/2025 15.30 by Maltezo Seana FNP-BC Bureau of Prisons - FLM Page 1 of 1
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 40 of 54

Exhibit L

EXHIBIT 37

VERIFIED DECLARATION OF SHANNON SIMINOLE
IN SUPPORT OF MOTION FOR COMPASSIONATE RELEASE

I, Shannon Seminole, declare under penalty of perjury under the laws of the United States that

the following is true and correct to the best of my knowledge, information, and belief:

1. | am a federal inmate currently housed at the Federal Prison Camp (FPC) Florence, located in
Florence, Colorado. My Bureau of Prisons (BOP) Register Number is 88673-510. I am 52
years of age and have been at this facility for three years. I work as a CDL driver for the
camp and live in the bunk next to Michael Capps (BOP #66142-509).

2. I'm writing this to tell the Court what I saw happen to my neighbor Mike on August 20, 2025.
Mike's a good guy who keeps to himself and doesn't cause any trouble. We hang out
sometimes and take walks together to stay out of the drama that goes on around here.

3. I've seen Mike checking his blood pressure a lot lately because he's been having problems with
it. He keeps track of the numbers in a notebook and they've been really high. The day before
what happened, on August 19, 2025, his blood pressure was 217/108, which even I know is
way too high.

4. On August 20, 2025, about 1:30 in the afternoon, Mike, his cellmate Butch Lawrence (BOP
#20699-511), and I were walking around the yard like we usually do. It's good exercise and
keeps us away from any trouble that might be happening elsewhere in the camp.

5. During our walk, Mike told Butch and me that he was feeling bad again - dizzy and having chest
pain. I could see something was wrong with him because he was sweating a lot and breathing
hard, and he just looked sick. He said he thought his blood pressure was going up again.

6. All of a sudden, Mike just collapsed right there on the walking track. One second he was walking
with us, the next second he was on the ground, completely knocked out. I dropped down

next to him right away to make sure he was still breathing while Butch was calling his name.

7. Mike was out for about a minute, which seemed like forever. When he woke up, he looked
confused and was shaking. He said his head was splitting and his chest still hurt. I helped
Butch get him back on his feet.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 41 of 54

8. We knew Mike needed to see medical staff right away, so we walked him over to the medical
office. But when we got there, the door was locked and there was a sign saying you can only
see medical staff if you have an appointment and you have to request it through the computer

system.

9. I remembered there's a blood pressure machine in the recreation office, so I suggested we go
there to check Mike's numbers. We helped him walk over there and took his blood pressure.

It read 220/110, which I knew was dangerous because I've seen those machines before.

10. Mike was in bad shape at this point. He was feeling sick to his stomach, said his vision was
blurry, and his heart was beating really fast. I could tell he was scared, and honestly, so was

I. People don't just pass out for no reason.

11. Butch went looking all over the yard for any guards who could help us or call for medical help,
but he couldn't find anybody. There wasn't a single corrections officer anywhere on the yard

when we needed one.

12. After about 20 minutes, Mike said he was feeling a little better - not as dizzy - but I could still
tell he wasn't right. Since there was no medical help available and no guards around, Butch
and I helped him walk back to his bunk so he could rest.

13. I kept checking on Mike for the rest of the day because I was worried he might pass out again.
I told him to stay still and breathe slow and deep like my grandmother taught me when I was

a kid. I was really concerned that something worse might happen to him.

14. I've been around Mike for a while now, and I've watched his health get worse since he's been
here. His breathing machine got broken by a guard a few months back and they never fixed
it right. His blood pressure keeps getting higher and the medical staff here don't seem to care

much about it.

15. What bothers me is that when someone really needs help around here, there's nobody to help
them. Mike's supposed to go to a halfway house where he can get proper medical care, but

they keep pushing back the date for reasons that don't make sense to me.

16. I try to stay out of trouble and mind my own business, but when I see someone who might be
dying right in front of me, I can't just walk away. Mike was in real trouble that day, and if it

happens again without proper medical care, I'm afraid of what might happen to him.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 42 of 54

17. I respectfully ask the Court to help Mike get the medical care he needs. He's a decent person
who doesn't deserve to suffer like this. What I saw on August 20, 2025 was scary, and I hope

the Court can do something before it's too late.

I declare under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct to the best of my knowledge, information, and belief.

Register Number: 88673-510

Federal Prison Camp Florence
5725 8th Street
Florence, CO 81226

Executed this ) S day of August, 2025, at FPC Florence, Florence, Colorado.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 43 of 54

U.S. Department of Justice

Federal Bureau of Prisons

Vice af the Director V ;
Q; Weshingtan, DC 20534

June 17, 2025

MEMORANDUM FOR ALL CHIEF EXECUTIVE OFFICERS

FROM: iam K.. Marshall IU], Director
SUBJECT: Use of Home Confinement as a Release Option
PURPOSE

This memorandum replaces the May 28, 2025, memorandum on the same subject. Spectfically,
this guidance sets expectations and provides direction for referring individuals to home
confinement under the First Step Act (FSA) and the Second Chance Act (SCA). The goal is to
ensure timely prerelease placement aligned with earned time credits and statutory authority,
while maximizing bedspace availability and placing individuals in the most appropriate
prerelease status without jeopardizing public safety.

To be clear, FSA and SCA authorities are cumulative and shall be applied in sequence to
maximize prerelease time in community custody, including home confinement (HC).
Residential Reentry Center (RRC) bed availability/capacity shall not be a barrier to HC when an

individual is statutorily eligible and appropriate for such placement.

Ifan FSA or SCA eligible individual does not require the services of an RRC and meets
eligibility requirements for HC, that individual shall be referred directly from an institution to
HC. RRC placement should be prioritized for those in our custody with the most need for

services available at an RRC.

GUIDANCE

Effective immediately, Chief Executive Officers must ensure Unit Teams and Resideritial
Reentry Management (RRM) Offices are adhering to the following:

1. Conditional Placement Dates are projected eligibility dates used to determine when an
individual shall be referred to prerelease custody, including HC. These dates are not
based solely on credits already earned. Kather, they reflect anticipating eligibility under
the SCA and the projected accumulation of FSA Eamed Time Credits (F TCs), assuming
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 44 of 54

the individual continues to participate in eligible programming and remains free from
disqualifying infractions. Conditional Placement Dates are therefore forward-looking
taals for release planning.

2 Referrals shall proceed in accordance with Conditional Placement Dates, Referrals shall
proceed with the understanding that so long as individuals meet FSA and SCA eligibility
requirements, they shall receive the forecasted credits and ordinarily should not
experience delays in prerelease placement based on administrative timing,
presumed RRC capacity limits or placement constraints, or pending credit accrual.

* In accordance with the FSA, eligible individuals may apply earned FTCs toward
prerelease custody, including placement in an RRC, in a Work Release Center
(WRC), or on HC. For those FSA eligible individuals who ear Icss than 365 days
of FTCs and who have a term of supervised release, FTCs are applied to projected
release dates. For those FSA eligible individuals who do not have a term of
Supervised release, FTCs will be applied to prerelease custody.

* In accordance with the SCA, eligible individuals may be placed in prerelease
custody—including an RRC or HC —for a period of up to 12 months (RRC), or 6
months or 10% of the sentence (HC), whichever is less. The SCA Conditional
Placement Date reflects the window under 18 U.S.C. § 3624(c)—up to 12 months
(RRC) or 6 month or 10% of the sentence (HC)—for which the individual is
expected to qualify, subject to a five-factor review. In addition to FTCs for those
individuals who have earned less than 365 days of FTCs, staff must also consider
adding up to an additional 12 months of prerelease time under the SCA, based on

the five-factor review.

3. Eligibility and Referral Criteria for Prerelease to Home Confinement. This is met when
an individual: (1) has earned enough FTCs and/or qualifies under the SCA window;
(2) has a verified and stable home environment that supports monitoring, appropriate
supervision, and safe community reentry and integration; and (3) poses no public safety
or placement disqualification.

* Employment history shall not be required. For individuals at or near working age,
potential for employment may be considered positively, but is not mandatory.
Placement decisions should prioritize public safety and the overall stability of the

release plan.

4. Determining Proper Conditional Placement Dates, Use Conditional Placement Dates
from each FTC worksheet for release planning. These include both FSA and SCA
eligibility dates and must guide decisions about timing and type of prerelease placement.
While these conditional dates are projected dates expected to earn under the FSA, itis
imperative Unit Teams and RRM Offices use these dates for release planning
purposes to ensure individuals receive prerelease placement dates consistent with the
number of FTCs they are expected to ear and authorities under the SCA.

Page 2 of 4
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 45 of 54

* For individuals eligible under 18 U.S.C. § 3624(g) (FSA), referrals to home
confinement shall be based on earned FTCs. There is no limitation on how many
FTCs may be applied toward home confinement.

* For individuals eligible under 18 U.S.C. § 3624(c) (SCA), referrals must include
the required five-factor review and must comply with statutory limits (12 months
(RRC) or 6 month or 10% of sentence (HC), whichever is less).

* FSA and SCA authorities are cumulative and shall be applied in sequence to
maximize prerelease time in community custody, including home confinement.
The use of SCA time does not offset or replace accrued FTCs under the FSA.

5. Clarifying Statutory Authority for Home Confinement. For individuals eligible under the
FSA (18 U.S.C. § 3624(g)), and who are projected to earn at least 365 days (12 months)
of FTCs for prerelease custody, referrals shall be based on FTCs and the corresponding
FSA Conditional Placement Dates. There is no restriction concerning how many FTCs
may be applied toward home confinement. For individuals only eligible under the
SCA, referrals must comply with 18 U.S.C. § 3624(c), including a five-factor review and
documentation of eligibility based on sentence length (12 months (RRC) or 6 month or
10% (HC), whichever is less).

6. Referring Based on Individual Needs. Referrals to an RRM Office must be based on
appropriateness of home confinement.

* Referrals to home confinement shall be made where the individual has access to
a stable and verified home environment that supports appropriate supervision,
safe community reentry and integration, and monitoring.

* Employment history shall not be a barrier to eligibility. For individuals at or
near working age, the potential for securing community-based employment may
be considered as a positive factor, but current or prior employment shall not be
required for referral.

* Placement decisions should prioritize public safety and stability of the release

plan, not occupational history.

7. Coordinating with RRM Offices. Unit Teams must ensure referrals include complete
documentation, including verified release plans and transportation details. RRM Offices
retain the responsibility to evaluate and finalize placement decisions. When reviewing
prerelease custody eligibility and determining the amount of time to request from the
respective RRM Office, Unit Teams should rely on the following dates which are

established on each FTC worksheet:
* FSA Conditional Placement Date (for FSA-eligible individuals) #:beo 3 a's

includes recommended SCA days consistent with statutory limitations
» SCA Conditional Placement Date (for SCA-eligible individuals)

Page 3 of 4
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 46 of 54

CONCLUSION
_ This diemarancum serves as BOP's commitment to refer eligible individuals to home
_ confinement and to prioritize placement in RRCs for those in most need of these important
__ reentry services. It ensures all eligible individuals are placed in the most appropriate prerelease
A setting based on their individual needs, eligibility, and statutory authority which will assist with
ee tor bedspace availability. Technical guidance for Unit hoa and RRM staff will be
es ante from Arespeclive leadership.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 47 of 54

Exhibit N

Reference Doc. 285, Exhibit 30
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 48 of 54

Exhibit O

Reference URL

https://www.bop.gov/policy/progstat/5242_001.pdf
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 49 of 54

Exhibit Q

VERIFIED DECLARATION OF MICHAEL CAPPS

I, Michael Capps, declare under penalty of perjury pursuant to 28 U.S.C. § 1746, that the
following statements are true and correct to the best of my knowledge, information, and
belief:

1. lam the Defendant in the above-captioned matter and am currently incarcerated
at the Federal Prison Camp in Florence, Colorado.

2. On March 7, 2025, | met with FPC Florence psychologist Dr. T. Short regarding my
requests for mental health treatment for my service-connected combat-related
PTSD.

3. During this meeting, Dr. Short explicitly confirmed that the Bureau of Prisons
prohibits psychology staff from delivering trauma-based therapy due to what she
described as the "intensity of the therapy and uncontrollable transfer of inmates to
new facilities at any time."

4. | explained to Dr. Short that trauma-focused therapies, including Prolonged
Exposure (PE) and Cognitive Processing Therapy (CPT), had been effective
components of my VA treatment protocol prior to incarceration.

5. Dr. Short acknowledged that these trauma-focused therapies are considered first-
line treatments for PTSD according to VA/DoD Clinical Practice Guidelines but
stated that they could not be provided within the BOP system.

6. Dr. Short confirmed that this was not a decision specific to my case but rather a
system-wide policy prohibition on delivering trauma-based therapy to inmates.

7. On February 19, 2025, | attended morning sick call and met with the FPC Nurse
Practitioner (name unknown) to inquire about my prescriptions not being
administered.

8. | explained to the Nurse Practitioner that | had entered BOP custody with
prescriptions for Venlafaxine, Modafinil, Testosterone, and Semaglutide (Ozempic),
none of which had been continued or properly tapered.

9. The Nurse Practitioner responded that I had "already been seen by the provider
who noted it was not needed."
Case 6:21-cr-10073-EFM Document 314 Filed 09/30/25 Page 50 of 54

10. | informed her that | had never seen a provider and that she was the only person |
had ever seen in medical since my arrival at FPC Florence.

11. Upon hearing this, the Nurse Practitioner appeared frustrated and stated that “it
was her job to clean up this mess," indicating that this situation had occurred before
with other inmates.

12. The Nurse Practitioner then showed me encounter notes in my electronic
medical record, though she would not allow me to keep a copy.

13. The encounter notes stated that on January 8, 2025, a provider had examined a
"healthy 47-year-old male" and determined that the medications were not
necessary.

14. limmediately noticed a discrepancy in these records, as on January 8, 2025, |
was only 46 years old. My 47th birthday was on January 17, 2025, nine days after the
purported examination.

15. This age discrepancy strongly suggests that the medical encounter was falsified
and backdated at some point after January 17, 2025, when I had turned 47.

16. | pointed out this discrepancy to the Nurse Practitioner, who appeared
uncomfortable and quickly ended our conversation.

17. To date, | have still not been provided with any of my prescribed medications or
been offered appropriate alternatives or tapering protocols.

18. The abrupt discontinuation of these medications has caused significant
withdrawal symptoms, including increased anxiety, tremors, dizziness, nausea, and
sleep disruption, which have exacerbated my PTSD symptoms and sleep apnea
condition.

| declare under penalty of perjury that the foregoing is true and correct.

Executed on March _, 2025.

Michael Capps

Register Number: 66142-509
FPC Florence

PO Box 6000

Florence, CO 81226
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 51 of 54

Exhibit R

EXHIBIT 38

VERIFIED DECLARATION OF MICHAEL R. CAPPS
REGARDING MEDICAL EMERGENCY OF AUGUST 20, 2025

I, Michael R. Capps, declare under penalty of perjury under the laws of the United States that the

following is true and correct to the best of my knowledge, information, and belief:

1. I am a federal inmate currently incarcerated at the Federal Prison Camp (FPC) Florence, located
in Florence, Colorado. My Bureau of Prisons (BOP) Register Number is 66142-509. I am

47 years of age and a United States Air Force veteran with service-connected disabilities.

2. I am writing this declaration to provide my personal account of the medical emergency I
experienced on August 20, 2025. As a veteran, I have always tried to handle adversity with
dignity and without complaint. However, the events of that day have made me realize that

my medical condition has reached a critical point that requires immediate intervention.

3. I served my country with pride in the United States Air Force, and I have always accepted
responsibility for my actions. I am not seeking to escape accountability for the offense that
brought me here. I am simply asking for the medical care necessary to ensure I survive to

complete my sentence and return to my family and community.

4. For several weeks leading up to August 20, 2025, I had been systematically monitoring my
blood pressure using equipment available at the facility. I have maintained detailed records
in a notebook documenting readings that have consistently shown dangerously elevated
levels above 200/100 mmHg.

5. On August 19, 2025, the day before this incident, my recorded blood pressure reading was
217/108 mmHg. I was experiencing symptoms including severe headaches, chest tightness,
and shortness of breath, but I continued with my daily routine hoping the symptoms would
subside.

6. On August 20, 2025, at approximately 1:30 PM, I was taking my usual walk around the yard
with my cellmate Butch Lawrence (BOP #20699-511) and my neighbor Shannon Siminole
(BOP #88673-510). This is part of my daily routine to maintain physical fitness and manage

stress.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 52 of 54

7. During our walk, I began experiencing severe symptoms that I recognized as signs of a
hypertensive crisis: intense dizziness, blurred vision, chest pain, irregular heartbeat, and
shortness of breath. I informed Butch and Shannon that I believed my blood pressure was

spiking dangerously.

8. Within moments of expressing these concerns, my vision began to tunnel and everything went
black. I lost consciousness completely while walking on the track. I have no memory of

falling or hitting the ground.

9. When I regained consciousness approximately one minute later, I found myself on the ground
with Butch and Shannon kneeling beside me. I was disoriented and experiencing intense

head pain, throbbing chest pain, and continued difficulty breathing.

10. With their assistance, I was helped to my feet, though I remained unsteady and weak. We
immediately proceeded to the medical office seeking emergency medical attention,
recognizing that losing consciousness was a serious medical event requiring professional

intervention.

11. Upon arrival at the medical office, we discovered it was locked and secured. Posted signage
indicated that medical staff only see inmates by appointment through the computer system.
There was no provision for emergency medical situations or any way to contact medical

personnel.

12. Shannon suggested using the blood pressure monitoring equipment located in the recreation
office. The reading obtained was 220/110 mmHg, confirming my fears that | was

experiencing a severe hypertensive emergency.

13. At this point, I was experiencing intense head pressure, nausea, continued chest tightness, and
was genuinely frightened that I might be having a stroke or heart attack. The loss of

consciousness had made it clear that my condition was life-threatening.

14. Butch searched extensively for any corrections officer who could provide assistance or
summon emergency medical help. Despite his thorough search of the entire yard area, no

corrections personnel were located when we desperately needed help.

15. After approximately 20 minutes with no medical assistance available, my dizziness began to
subside slightly and the chest pain became somewhat less severe. With no other options,

Butch and Shannon assisted me in returning to my housing unit to rest.
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 53 of 54

16. I spent the remainder of the day focusing on controlled breathing techniques and remaining as
still as possible, but I was deeply concerned about my condition. The fact that I had lost
consciousness indicated I was in serious medical danger, and without proper intervention, I

feared it could happen again with potentially fatal consequences.

17. This incident represents the culmination of months of deteriorating medical care at this facility.
Since my CPAP equipment was damaged by a corrections officer in March 2025, my sleep
apnea has remained largely untreated, directly contributing to the worsening of my

hypertension.

18. As a 47-year-old veteran facing the reality of my own mortality, I am genuinely frightened by
what happened on August 20, 2025. I have served my country and have always faced
challenges head-on, but I cannot fight a medical condition that requires specialized care this

facility cannot provide.

19. I am not asking the Court to excuse me from serving my sentence or to avoid responsibility for
my actions. I am asking for the opportunity to receive the medical care necessary to survive
and complete my obligations to society. I want to return to my family and community as a

productive citizen, but that requires that I survive this medical crisis.

20. The combination of my service-connected medical conditions, the facility's inability to provide
adequate specialized care, and the demonstrated life-threatening nature of my current
situation creates an urgent need for placement in a community setting where proper medical

monitoring and treatment can be provided.

21. I respectfully submit this declaration to the Court, asking not for leniency, but for the medical
care that will allow me to complete my sentence and honor my commitment to making

amends for my actions while preserving my life and health for my family and community.

I declare under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct to the best of my knowledge, information, and belief.

Michael R. camp AA

Register Number: 66142-509
Case 6:21-cr-10073-EFM Document 314 _ Filed 09/30/25 Page 54 of 54

Federal Prison Camp Florence
5725 8th Street
Florence, CO 81226

Executed this pI Y day of August, 2025, at FPC Florence, Florence, Colorado.


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