Order Correcting Sentence — United States v. Walker (W.D. Wash., Document 61)

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Order Correcting Sentence, filed March 20, 2024 as Document 61 in United States v. Danni Walker, Case No. 2:22-cr-00105-LK, in the U.S. District Court for the Western District of Washington at Seattle. The Court grants the Government's motion under Federal Rule of Criminal Procedure 35(a), noting that on March 13, 2024 it sentenced Ms. Walker to time served with a three-year term of supervised release that included 208 days of intermittent confinement; the Court concurs that it committed clear error under 18 U.S.C. § 3583(d)(3) and corrects the sentence to a three-year term of probation with the same conditions. It moves the start of intermittent confinement from March 22, 2024 to April 5, 2024, reduces it from 52 weeks to 49 weeks (196 total days), and directs the Clerk to enter a second amended judgment.

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                Case 2:22-cr-00105-LK Document 61 Filed 03/20/24 Page 1 of 4




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                                 UNITED STATES DISTRICT COURT
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                                WESTERN DISTRICT OF WASHINGTON
                                          AT SEATTLE
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        UNITED STATES OF AMERICA,                             CASE NO. 2:22-cr-00105-LK
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                                Plaintiff,                    ORDER CORRECTING
12              v.                                            SENTENCE
13      DANNI WALKER,
14                              Defendant.

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16          This matter comes before the Court on the Government’s motion to correct the Court’s

17   sentence of Defendant Danni Walker pursuant to Federal Rule of Criminal Procedure 35(a). Dkt.

18   No. 60. The Government conferred with defense counsel and the United States Probation Office

19   regarding the motion, and “[n]either has any objection to this proposed change to the Judgment[.]”

20   Id. at 1–2. For the following reasons, the Court grants the Government’s motion.

21          On March 13, 2024, the Court sentenced Ms. Walker to time served with a three-year term

22   of supervised release. Dkt. No. 57 at 2–3, 5. The Court included as a special condition of supervised

23   release 208 days of intermittent confinement to be served on 52 consecutive weekends at the

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 1   Federal Detention Center in SeaTac, Washington (“FDC SeaTac”), beginning March 22, 2024.

 2   Dkt. No. 55; Dkt. No. 57 at 2, 5.

 3          Federal Rule of Criminal Procedure 35(a) provides that the Court may, within 14 days after

 4   sentencing, “correct a sentence that resulted from arithmetical, technical, or other clear error.” As

 5   the Government correctly observes, see Dkt. No. 60 at 2–3, while the Court “may order, as a further

 6   condition of supervised release . . . any condition set forth as a discretionary condition of probation

 7   in section 3563(b) and any other condition it considers to be appropriate,” a condition of

 8   intermittent confinement “set forth in subsection 3563(b)(10) shall be imposed only for a violation

 9   of a condition of supervised release[.]” 18 U.S.C. § 3583(d)(3) (emphasis added). Because Ms.

10   Walker has not violated any condition of her supervised release, the Government proposes that the

11   Court amend its judgment to impose a sentence that permits intermittent confinement; specifically,

12   a three-year sentence of probation with intermittent confinement as a special condition. Dkt. No.

13   60 at 3–4 (“Amending the Judgment to reflect the term of intermittent confinement [a]s a condition

14   of a purely probationary sentence would give effect to the substantive terms of the Court’s

15   sentence” and “would not run afoul of the restricted use of intermittent confinement as a condition

16   of supervision[.]”). Under 18 U.S.C. § 3561(a) and -(c)(1), Ms. Walker is eligible for “not less

17   than one nor more than five years” of probation. And 18 U.S.C. § 3563(b)(10) expressly authorizes

18   a discretionary condition to a sentence of probation requiring the defendant to “remain in the

19   custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no

20   more than the lesser of one year or the term of imprisonment authorized for the offense, during the

21   first year of the term of probation or supervised release.”

22          The Court concurs with the Government that it committed clear error by sentencing Ms.

23   Walker to time served with a special condition of intermittent confinement. See Fed. R. Crim. P.

24   35(a). Absent a violation of a condition of supervised release, which has not occurred here, such


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 1   special condition is foreclosed by 18 U.S.C. § 3583(d)(3). Moreover, Ms. Walker did not serve

 2   any time in custody on this charge. The Government stated as much in its sentencing

 3   memorandum, Dkt. No. 49 at 8, and Ms. Walker requested that the Court impose a sentence of

 4   probation in her own sentencing memorandum, Dkt. No. 47 at 1, 17. For the reasons discussed

 5   above and in the Government’s motion, the Court finds that a sentence of probation is appropriate.

 6   The Court accordingly corrects its sentence to impose a three-year term of probation with the same

 7   mandatory, standard, and special conditions imposed in the Court’s original sentence; provided,

 8   however, that the Court will alter the start date of Ms. Walker’s intermittent confinement from

 9   March 22, 2024 to April 5, 2024 to provide the parties and the Bureau of Prisons sufficient time

10   to address any logistical issues. Furthermore, because 18 U.S.C. § 3563(b)(10) permits intermittent

11   confinement only “during the first year of the term of probation,” and Ms. Walker’s sentence began

12   on March 13, 2024, the Court reduces the length of the intermittent confinement condition from

13   52 weeks to 49 weeks (196 total days), such that intermittent confinement will not extend beyond

14   the first year of her sentence.

15           This corrected sentence, which is substantively nearly the same as Ms. Walker’s original

16   sentence, is supported by the factors in 18 U.S.C. § 3553(a) for the same reasons the Court

17   discussed at Ms. Walker’s sentencing hearing. The Court finds that the special conditions, Dkt.

18   No. 57 at 3–5, as modified, (1) are reasonably related to the nature and circumstances of the offense

19   and Ms. Walker’s history and characteristics; the need for the sentence imposed to afford adequate

20   deterrence to continued criminal behavior; the need to protect the public from further crimes of

21   Ms. Walker; and the need to provide Ms. Walker with needed substance abuse treatment and

22   behavioral therapy in the most effective manner; and (2) involve no greater deprivation of liberty

23   than is reasonably necessary for these purposes and are consistent with any pertinent policy

24   statements issued by the Sentencing Commission. Furthermore, this overall sentence is sufficient


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 1   but not greater than necessary to carry out the objectives of sentencing while permitting Ms.

 2   Walker to continue on the path towards rehabilitation, under the circumstances present in this case.

 3          The Court therefore ORDERS the following:

 4          1.      The Government’s motion, Dkt. No. 60, is GRANTED.

 5          2.      Ms. Walker’s sentence, Dkt. No. 57, is hereby CORRECTED to a three-year term

 6                  of probation, with the same mandatory, standard, and special conditions imposed

 7                  in the Court’s original sentence except special condition 9, which shall be replaced

 8                  with the following: “Beginning April 5, 2024, the defendant shall be subject to

 9                  intermittent confinement for a period of 49 consecutive weekends (196 days) to be

10                  served at SeaTac Federal Detention Center as a special condition of probation. The

11                  defendant shall be required to report to the designated facility by 4:30 p.m. on

12                  Fridays and shall be confined until 7:00 a.m. on Mondays; this period of time shall

13                  constitute one weekend of credit.”

14          3.      The Clerk of Court is directed to enter a second amended judgment in accordance

15                  with this Order.

16          Dated this 20th day of March, 2024.

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                                                          A
18                                                        Lauren King
                                                          United States District Judge
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