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Order — No. 3:21-cr-00114 (Dkt. 36, W.D.N.C.)

Summary

An order in United States v. Maurice Kamgaing, 3:21-CR-00114-KDB-DSC-1, in the U.S. District Court for the Western District of North Carolina, Charlotte Division, signed January 12, 2023. The Court denies the defendant's pro se motion (Doc. No. 35) for a recommendation to the Bureau of Prisons for placement in a Residential Re-Entry Center under the Second Chance Act of 2007, as reauthorized by Section 603 of the First Step Act of 2018. It states that the Attorney General, through the Bureau of Prisons, designates the place of incarceration, and that the custodial authorities are better informed and qualified to make such decisions at this stage of the sentence.

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“Order — No. 3:21-cr-00114 (Dkt. 36, W.D.N.C.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-21-cr-00114-dkt-36-w-d-n-c-c1b8eef1ed/, SHA-256 091334e5b921edee82054d6a6df8b0c75775b1bc0f6203dd2f4a2502e6402b54.

Full text

                   IN THE UNITED STATES DISTRICT COURT
               FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                            CHARLOTTE DIVISION
                           3:21-CR-00114-KDB-DSC-1
 USA                                         )
                                             )
    v.                                       )              ORDER
                                             )
 MAURICE KAMGAING                            )
                                             )

         THIS MATTER is before the Court upon a motion of the defendant pro se for

a recommendation to the Bureau of Prisons for placement in a Residential Re-Entry

Center under the Second Chance Act of 2007 which was reauthorized by Section 603

of the First Step Act of 2018. (Doc. No. 35). According to the Bureau of Prison

website, the defendant is scheduled to be released from prison on August 10, 2024.

         It is the responsibility of the Attorney General, through the Bureau of

Prisons, to designate the place of incarceration, United States v. Evans, 159 F.3d

908, 912 (4th Cir. 1998) (authority to designate place of confinement vested in

BOP), which is reflected in the language of the statute that “[t]he Attorney General,

in coordination with the Director of the Bureau of Prisons, shall,…, conduct the

following activities to establish a Federal prisoner reentry initiative.” 34 U.S.C. §

60541(a).

         The Court hereby declines to make such a recommendation because

defendant’s current sentence and conditions of custody are sufficient but not greater

than necessary to accomplish the goals of sentencing. Furthermore, at this stage in
Defendant’s sentence, the custodial authorities are more informed and qualified to

make such decisions regarding conditions of custody.

      IT IS, THEREFORE, ORDERED, that the defendant’s pro se motion for

recommendation for placement in a Residential Re-Entry Center (Doc. No. 35), is

DENIED.

      SO ORDERED.



                         Signed: January 12, 2023

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