United States District Court, E.D. California
ORDER GRANTING DEFENDANT'S MOTION FOR JUDICIAL
RECOMMENDATION FOR TWELVE MONTHS RCC/COMMUNITY CONFINEMENT
L. Nunley United States District Judge
matter is before the Court pursuant to pro se
Defendant Zain Bhamani's (“Defendant”) Motion
for Judicial Recommendation for Twelve Months of Residential
Re-Entry Center (“RRC”) or Community Confinement
Center Placement. (ECF No. 391.) Defendant's motion seeks
a judicial recommendation to the Federal Bureau of Prisons
(“BOP”) for placement in a halfway house for
twelve months preceding his release from confinement. (ECF
No. 391 at 1.) The Government has not filed a response. The
Court has carefully considered Defendant's arguments. For
the reasons set forth below, Defendant's Motion for
Judicial Recommendation (ECF No. 391) is hereby GRANTED.
September 25, 2013, Defendant pled guilty to Count 2 of the
Superseding Information, Sale of Unregistered Securities in
violation of 15 U.S.C. 77. (ECF Nos. 160 & 164.) On
August 27, 2015, the undersigned sentenced Defendant to a
term of 33 months in prison followed by three years of
supervised release, (ECF Nos. 313 & 323), and Defendant
self-surrendered on February 15, 2016, (ECF No. 313).
Defendant is currently serving his sentence at Taft
Correctional Institute and submitted this motion for judicial
recommendation to extend his RCC placement from the seven
months currently planned to the full 12 months. (ECF No. 391
statutory provisions govern the BOP's authority to place
inmates in its custody in RRCs: 18 U.S.C. §§
3621(b) and 3624(c).” Sacora v. Thomas, 628
F.3d 1059, 1062 (9th Cir. 2010). Section 3621(b)
“governs the BOP's authority in cases where a
prisoner who has more than a year left to serve his or her
prison sentence requests a transfer to a [RRC].”
Id. Section 3624(c)(1), as amended by the Second
Chance Act of 2007, provides that the BOP
shall, to the extent practicable, ensure that a prisoner
serving a term of imprisonment spends a portion of the final
months of that term (not to exceed 12 months), under
conditions that will afford that prisoner a reasonable
opportunity to adjust to and prepare for the reentry of that
prisoner into the community. Such conditions may include a
community correctional facility.
18 U.S.C. § 3624(c)(1). A sentencing court may make a
recommendation that a prisoner serve a term of imprisonment
in an RRC. 18 U.S.C. § 3621(b). A judicial
recommendation is one factor that the BOP considers in
determining a prisoner's placement, but a recommendation
has “no binding effect” on the BOP to determine
or change a prisoner's placement. 18 U.S.C. §
states that the BOP has designated Defendant to transfer to
an RCC about seven months before he completes his sentence.
(ECF No. 391 at 4.) Defendant seeks a judicial recommendation
from this Court to the BOP for placement in a halfway house
for the statutory maximum amount of time 12 months. (ECF No.
391 at 4-5.
states that the additional time in the RCC would aid his
reentry into society and that he would take full advantage of
the opportunity as shown by his commitment to
self-improvement during incarceration. (ECF No. 391 at 5.)
Defendant explains that at the RCC he would like to further
his education, work and contribute to child support, and have
more contact with his children, which he is unable to do in
prison. (ECF No. 391 at 5.)
lists 17 courses he has taken in prison, including those
related to resume building, financial planning, career
opportunity, herbology, culinary skills, parenting, wellness,
reading, speaking, self-reflection, drug education, and anger
management. (ECF No. 391 at 7.) Defendant adds that he
volunteers as a student tutor for prison classes in GED prep
and Algebra, and as a fire and safety crew member, for which
he conducts inspections of fire safety systems, assists with
chemical refills of fire retardants, and assists in various
fire safety tests. (ECF No. 391 at 6-7.) Finally, Defendant
notes that he has been accepted to Adams State University in
a Business Studies degree program, and is currently taking
several classes to work toward his degree. (ECF No. 319 at
has provided significant information about his activities
since sentencing and the extent of his efforts and progress
toward rehabilitation while in prison. The Court also notes
Defendant's compliance with the terms of his years long
pretrial release. Defendant appears to have made admirable
efforts so far and to be a good candidate for successful
rehabilitation. See United States v. Brattin, No.
2:13-CR-0161-JAD-CWH-1, 2016 WL 4467897, at *1 (D. Nev. Aug.
23, 2016) (granting motion where prisoner was an orderly with
a gate pass, a low security risk permitted to leave the
facility to conduct his duties, good disciplinary record, and
would spend at least 4.5 months in an RRC based on a
recommendation of a team in BOP); United States v.
Bartels, No. 12-CR-20072, 2016 WL 6956796, at *1 (E.D.
Mich. Nov. 29, 2016) (finding prisoner was a good prospect
for successful rehabilitation because he was relatively
young, cooperated with prosecutors in his case, and
participated in five BOP rehabilitation programs); United
States v. Baker, No. 3:01-CR-94-01-MHT, 2013 WL 355867,
at *1-2 (M.D. Al. Jan. 29, 2013) (citing substantial evidence
of prisoner's stellar prison record and recommendations
from two BOP supervisors); United States v. Qadri,
No. CR-06-00469-LEK, 2017 WL 1011663, at *1-2 (D. Haw. Mar.
15, 2017) (citing prisoner's good conduct and compliance
with release conditions during six years of pretrial release
and two years of appeal release, lack of prior criminal
history, and completion of multiple prison rehabilitation
Defendant's Motion for Judicial Recommendation (ECF No.
391), is hereby GRANTED, and the Court recommends that BOP
place Defendant in an appropriate RCC for the maximum ...