Defendant’s Verified Supplemental Reply — United States v. Michael Capps (Dkt. 269, D. Kan.)
Summary
Michael Capps's verified supplemental reply in United States v. Michael Capps, Case No. 21-10073-FFM, in the U.S. District Court for the District of Kansas (Wichita Docket), supports Capps's request for compassionate release. It addresses an updated declaration of Charles Ford, the Court's concerns about estrangement, and Bureau of Prisons data on home confinement under the CARES Act, which the reply says shows first-time, non-violent, white collar offenders pose the lowest risk of recidivism. The reply states that Capps has resided in Tulsa from November, 2023. It sets out a timeline from an initial sentence of 27 months: a projected release date of November 26, 2026 with good conduct time, April 26, 2026 with 210 days of earned FSA credit, and community placement as early as April 26, 2025. Capps submitted it under penalty of perjury in February, 2025.
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IN THE UNITED STATES DISIRICT COURT
FOR THE DISTRICT OF KANSAS (Wichita Docket)
UNITED STATES OF AMERICA,
Plaintiff,
V.
Case No. 21-10073-FFM
MICHAEL CAPPS ,
Defendant.
DEFENDANT'S VERIFIED SUPPLEMENTAL REPLY
I. Introduction
This Verified Supplemental Reply is ubmitted to address three key points o
Defendant's compassionate release: (1) the updated declaration of Charle ?o
(2) the Court's concerns regarding estrangement, and (3) the demonstratert
succes of the CARES Act in assessing recidivism risk for simi Lar Ly sicuatat
defendants. Additionally, this Reply clarifies Defendant's actual Dercentae
of sentence served in light of good conduct time and First Step tcr 7SA
highlighting the potential iminent transition to community custody .
II. Updated Declaration of Charles Ford
Since the original Reply, Charles Ford has submit ted an updated declaratin
confirming that his health has deteriorated further. His injuries rn a
January 25, 2025 fall - two broken ribs, a broken hand, a head lacerac0,
complications from shoulder surgery - underscore the urgent e t s0R 3
time caregiver. Exhibit U establ ishes that Defendant is the elv ava: lao
fami ly member capable of providing essential daily care, Civeu the N
of Mr. Ford's condition and the inadequacy of current assistare N
neighbors, Defendant's presence is necessary to prevent iur thes e
III. Addressing the Court's Concerns About Estrangement
The Court previous ly raised concerns regarding potential eatrant wev
Defendant and Charles Ford. However, factual clariticatin eztaat4alha hat
Defendant tok proactive steps to reconnect with hia fatles baituite tH
May, 2023, shortly after sentencing. Defendant regularly traveled from Wichita
toTulsa until November, 2023 to be closer to his father and half-sister,
Tamy. From November, 2023 orward, Defendant has resided in Tulsa, affirming
a strong and sustained familial bond. The characterization of estrangement
is therefore misplaced, and the evidence demonstrates a well-established
support system.
IV. The CARES Act and Recidivism Risk Assessment
The Bureau of Prisons' (BOP) data on home confinement under the CARES Act reveals
that defendants who match Defendant's profile - first-time, non-violent, white
collar offenders with strong comunity ties - pose the lowest risk of
recidivism. Defendant is a47-year-old, first-time offender comvicted of a
financial crine, with no prior criminal history and significant fami ly and
comnity support. Ermpirical dats frm the CARES Act supports the conclus ion
that individuals in this category successfully transition to cnity
settings without reofferding. This precedent strongly favors Defendant's
eligibility for compassionate release and home confinement.
V. Clarification of Percentage of Sentence Served
The Court's reference to percentage of sentence should be adjusted to reflect
Defendant's actual projected release timeline, which considers earned credits
under federal sentencing guidlines and statutes.
1. Initial Serntence: 27 months
2. 15% Good Conduct Time Reduction: 4 nonths
3. Projected Release Date (with Good Conduct Time Applied): November 26, 2026
4. Earned FSA Credit (210 days): Advanced release to April 26, 2026
5. Second Chance Act RRC Placement (Up to 12 Months):
Transition to coIunity as early as April 26, 2025
Pg. 2
potentially
These calculations confirm that Defendant is within months of
transitioning to community custody, further supporting the appropriateness
with public
of compassionate release and reintegration into society aligning
safety interests.
VII. Conclusion
presents
This Supplemental Reply directly addresses the Court's concerns and
Defendant has
compelling new information favoring compassionate release.
demonstrated continued family engagement, an urgent medical necessity for his
father"s care, anegligible risk of recidivism, and potentially an imminent
transition to comUnity care. Based on these factors, compassionate release
remains a just and reasonable outcome.
I declare under penalty of perjury, the foregoing is true and correct.
Submitted on the 21st day off February, 2025.
Respectfully submitted,
MichaeI Capps
Register No 66142-509
Florence Prison Camp
PO Box 6000
Florence, Co 81226
Pg. 3
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