Order and Reasons — United States v. Travis J. Every (Dkt. 76, E.D. La.)
Summary
U.S. District Judge Martin L. C. Feldman denied on August 21, 2018 Travis J. Every's motion for a judicial recommendation that the Bureau of Prisons place Every in a halfway house and then home confinement for the final twelve months of the sentence, in United States v. Every (E.D. La., No. 08-01). Every pled guilty on March 20, 2009 to five counts of distributing crack and powder cocaine and to a count charging a previous felony drug conviction, and was sentenced on September 3, 2009 to 300 months in prison. President Obama granted clemency on January 19, 2017, reducing the sentence to 175 months with 10 years of supervised release and an official release date of October 1, 2019. The court held that under 18 U.S.C. §§ 3621(b) and 3624(c) the Bureau of Prisons decides pre-release placement, so the request is best directed to the Bureau.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA CRIMINAL ACTION
V. NO. 08-01
TRAVIS J. EVERY SECTION "F"
ORDER AND REASONS
Before the Court is Travis J. Every’s motion for a judicial
recommendation to the Bureau of Prisons that he be placed in a
halfway house and then home confinement for the final twelve months
of his sentence. For the following reasons, the motion is DENIED.
Background
Travis J. Every is a federal prisoner currently serving a 175
month sentence in federal prison. On March 20, 2009, Every pled
guilty to a six-count bill of information. Every pled guilty to
five counts of distributing various amounts of crack cocaine and
powder cocaine. He also pled guilty to Count 6 of the Superseding
Bill of Information, which charged him with having one previous
felony drug conviction in Jefferson Parish. The Court sentenced
Every to 25 years, or 300 months, in prison followed by 10 years
of supervised release on September 3, 2009. On January 19, 2017,
President Obama granted Every clemency. His sentence was reduced
to 175 months with 10 years of supervised release. His official
release date is October 1, 2019. On January 22, 2018, he moved for
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a judicial recommendation to the Bureau of Prisons that he be
placed in a halfway house for six months followed by six months of
home confinement during the last twelve months of his sentence.
Every states that he is deserving of an opportunity to better
transition into society because he has used his time in prison
productively, participating in the Residential Drug and Alcohol
Program, and countless other programs.
I.
The Bureau of Prisons has broad authority to determine the
location of Every's imprisonment and the terms of his pre-release
custody. 18 U.S.C. § 3621(b)("[a]ny order, recommendation, or
request by a sentencing court that a convicted person serve a term
of imprisonment in a community corrections facility shall have no
binding effect on the authority of the Bureau under this section
to determine or change the place of imprisonment of that person.");
§ 3624(c)(the Bureau "may ... place a prisoner in home confinement"
or "may [consider] a community correctional facility"). In United
States v. Sneed, the Fifth Circuit declined to address the
defendant's request that he be allowed to serve the remainder of
his sentence on home confinement, reasoning that "such requests
are properly directed to the Bureau of Prisons." 63 F.3d 381, 389
n.6 (5th Cir. 1995). Same, too, here. Every’s request is best
directed to the Bureau of Prisons.
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Accordingly, IT IS ORDERED that Travis J. Every’s motion for
a judicial recommendation is DENIED.
New Orleans, Louisiana, August 21, 2018
______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE
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