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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

                                   1
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.



                                      2
     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




                                3


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