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United States v. Turnquist
United States District Court, E.D. California
May 31, 2018
UNITED STATES OF AMERICA, Plaintiff,
JOHN TURNQUIST, Defendant.
ORDER REGARDING DEFENDANT'S PRO SE MOTION FOR A
JUDICAL RECOMMENDATION FOR PLACEMENT IN A RESIDENTIAL
RE-ENTRY CENTER (RRQ/HALFWAY HOUSE
Anthony W. Ishii Senior United States District Judge
March 30, 2018, Defendant, John Turnquist
("Turnquist") filed his pro se motion
"requesting a judicial recommendation concerning length
of RRC/Halfway House placement". The undersigned
personally received a copy of his motion on May 30, 2018. In
his motion, Turnquist respectfully moves the court "to
recommend that the Bureau of Prisons ("BOP") afford
him a Residential Re-Entry Center ("RRC)/Halfway House
placement time of twelve (12) months preceding the end of his
support of his motion, Turnquist states as follows:
1. That on March 30, 2015, this court sentenced him to a term
of one hundred and twenty (120) months imprisonment followed
by a term of four (4) years of supervised release.
2. That pursuant to the Second Chance Act of 2007
("SCA") the BOP may place a Defendant into an
RRC/Halfway House up to twelve (12) months prior to his
release date if it is determined that his placement in an
RRC/Halfway House for such period would be of
"sufficient duration to provide the greatest likelihood
of successful reintegration into the community."
3. That the criteria that the BOP is to consider in assessing
an individual applicant's eligibility for up to twelve
(12) months of RRC/Halfway House placement includes: any
statements made by the Court concerning the purposes that
warranted a sentence to imprisonment and recommending the
type of correctional facility that would be appropriate. 18
U.S.C. 3621(b)(4)(A), (B). An RRC/Halfway House is a
correctional facility with superior transitional programs to
help inmates rebuild their ties to the community and to their
family. Any recommendation by the Court is non-binding on the
BOP and is purely advisory.
4. That Turnquist is currently housed at the Federal
Correctional Institution Herlong, CA. His release date is
February 28, 2020, and a recommendation for RRC/Halfway House
placement of 12 months will not affect this release date.
5. That Title 18, United States Code, section 3582(c)
provides that a "court may not modify a term of
imprisonment once it has been imposed except in very limited
circumstances, " and he is not asking the court to
modify his sentence. He is asking the court to simply
recommend changing the place of incarceration of the sentence
per the Second Chance Act.
6. That he is 36 years old, is mature and has availed himself
of every opportunity available to him at FPC Sheridan to be
reformed and to rejoin law abiding society with the help of a
judicial recommendation at an RRC/Halfway House in his
7. That according to the BOP's Revised Guidance for
Residential Reentry Center(RRC) Placements, RRC/Halfway
House time decisions "are to focus on RRC placement as a
mechanism to reduce recidivism." Turnquist states that
his record of prior addiction and addictive behavior, the
nature of his offense and his strained family relationships
certainly attest to his need for such comprehensive and
community based rehabilitation.
8. This his primary emotional support for successfully
reintegrating into the community and avoiding relapse into
drug addiction will unquestionably come from his family, and
that an RRC/Halfway House placement will afford a strong
opportunity for his tamily to reunify and to offer full
support to his reintegration.
9. That his employment history has been severely restricted
by his incarceration, and that a new career path will allow
him to again become the sole provider for his family, thus
allowing them to break the dependency on public assistance.
Placement in an RRC/Halfway House will allow him to seek full
time employment for supporting his family and their health
10. That rehabilitative programming during his incarceration
has been limited, and what programs are available have
already been completed by him. Placement in an RRC/Halfway
House would allow far more rehabilitative programs and
opportunities for him to address and correct his elevated
risk of recidivism.
11. That a substantial concern for him is the melanoma cancer
and resulting 6 surgeries that his wife has undergone.
Placement in an RRC/Halfway House will allow him to begin to
take the first steps to ...
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