View Full Version : Can a Federal Judge tell the Federal Bureau of Prisons (BOP) what to do?


mikeinflorida
10-31-2005, 08:53 AM
Hi Guys,
My attorney told me that he found out through the ass. U.S. attorney, that my sentencing judge has picked many battles with the BOP. Does anyone know who has more power or who would win, the Federal Judge or BOP?
I have been told that Federal Judges and very powerful, and can do what they want, but I have also read that no one can tell the BOP what to do.

Thanks

Mike

bellisq
11-01-2005, 12:09 PM
in relation to your case, the judge cannot make the BOP do anything. perhaps the prosecutor was referring to specific law suits against the BOP. Brenda

mikeinflorida
11-01-2005, 12:18 PM
in relation to your case, the judge cannot make the BOP do anything. perhaps the prosecutor was referring to specific law suits against the BOP. Brenda

That is what I thought. This could be a good thing for me.

Thanks for your help Brenda.

Mike

David
11-01-2005, 08:48 PM
Mike,
What exactly is the issue? I think you said on your case that if the BOP did not place you where the Judge requested he would re-sentence you? Honestly, I don't know how much freedom he has to do something like that.. (I don't really know federal procedure and law well enough) If he can get you back into court legitimately, he of course then could change your sentence, but like already mentioned, he can't order the BOP to do things like placement.. They usually try to follow his request but they have the end game covered on that..

mikeinflorida
11-01-2005, 09:15 PM
Mike,
What exactly is the issue? I think you said on your case that if the BOP did not place you where the Judge requested he would re-sentence you? Honestly, I don't know how much freedom he has to do something like that.. (I don't really know federal procedure and law well enough) If he can get you back into court legitimately, he of course then could change your sentence, but like already mentioned, he can't order the BOP to do things like placement.. They usually try to follow his request but they have the end game covered on that..

You are correct, the judge did say he will re-sentence. I have been told by 3 very experienced attorneys that the Fed. Judges can do what they want. I have no reason to NOT believe this, because one of my attorney's is a EX U.S. attorney for Northern District of Indiana.
When my Dad met with one of my attorney's on Sat. he said that he filed a motion for a hearing, since that is what the judge wanted, since I did not get placed in a FMC.
He said he he thinks the Judge can basically do 1 of 3 things.
1) Wait till the BOP places me in a FMC.
2) Accept the placement in the camp.
3) Change the sentence.

I also know that the judge who sentence me, has picked battles with the BOP. Like Brenda said, it could be lawsuits against the BOP. I don't know the exact details about that.
Sorry if I just confused you more.

Saddlegait
11-22-2005, 08:37 AM
The judge did just that in our case. The judge determines the sentence, not the BOP. Once you are sentenced, there are things that can happen - DAP, good behavior, a change from camp to home confinement, etc. that can be determined by the BOP and in some cases the judge. However, the BOP and my husband's judge got into a spitting match over when and where he would be placed. The judge told my husband specifically if he did not hear from BOP within 3 weeks, to let him know and he did just that through his probation officer (the guy that did the PSI). Apparently, my husband's one request was to get this over with and quickly. So, the judge sentenced and then the BOP was all "we will let you know when and where when we get around to it". The judge issued a letter from his bench to my husband designating when and where he was to report. He was commanded to take this letter and self surrender according to the letter. The camp nearly flipped out when he showed up - he wasn't in the system, he wasn't designated to this camp, it was just a big mess, but they HAD to take him in because apparently, the judge had the power to make this call. So, they did that. There was the concern/fear that he would be transferred, but once he got in and behaved and showed a willingness to work and be a good boy, they decided he was too easy to manage to transfer out.

So, yes, the judge has the power. BOP follows the rules and sentences outlined by the judges and juries -they don't make them.

Abner
11-22-2005, 12:36 PM
Mike:

Judges sentence, the BOP takes if from there. Judges can recommend that a person be placed at X Y or Z, but the BOP (or any other prison system, i.e., in the states) don't have to do that.

That said, some judges are very familiar with how the BOP does things, and they'll go out of their way to craft their orders to reflect that. Sounds like you have a judge like that. Sounds like he wants to get you into an FMC, which, if I recall, is a lower-security facility. (If true, that's DEFINITELY what you want.)

Hope things go well. PM me if you have any questions, or provide an address for further correspondence if you like.

This too shall pass.

abner

mikeinflorida
11-22-2005, 05:40 PM
The judge did just that in our case. The judge determines the sentence, not the BOP. Once you are sentenced, there are things that can happen - DAP, good behavior, a change from camp to home confinement, etc. that can be determined by the BOP and in some cases the judge. However, the BOP and my husband's judge got into a spitting match over when and where he would be placed. The judge told my husband specifically if he did not hear from BOP within 3 weeks, to let him know and he did just that through his probation officer (the guy that did the PSI). Apparently, my husband's one request was to get this over with and quickly. So, the judge sentenced and then the BOP was all "we will let you know when and where when we get around to it". The judge issued a letter from his bench to my husband designating when and where he was to report. He was commanded to take this letter and self surrender according to the letter. The camp nearly flipped out when he showed up - he wasn't in the system, he wasn't designated to this camp, it was just a big mess, but they HAD to take him in because apparently, the judge had the power to make this call. So, they did that. There was the concern/fear that he would be transferred, but once he got in and behaved and showed a willingness to work and be a good boy, they decided he was too easy to manage to transfer out.

So, yes, the judge has the power. BOP follows the rules and sentences outlined by the judges and juries -they don't make them.

How can I convince the BOP to change my sentence to home confinement? I have not heard of anyone successfully doing that.

Thanks
Mike

Sydnee70
11-22-2005, 06:02 PM
It's likely not going to happen to have your sentence changed to home confinement. Also, the BOP does not have to follow judicial recommendations as to facility. My boyfriend's judge recommended the camp nearest our home, but the BOP sent him to one much further from here.
With your surrender date approaching, you'll also have to decide how much of your free time that you have remaining that you want to spend angry and fighting this. If you feel you have a real chance, of course you should go for it. But a lot of the preparation needed to go to prison is mental, and going in there angry is just going to make it all the harder on you and your family. Not trying to preach, just my opinion.

PTO-29412
11-22-2005, 06:14 PM
I would suggest talking to your attorney, he can ask for that as a deal or plea

mikeinflorida
11-22-2005, 06:49 PM
It's likely not going to happen to have your sentence changed to home confinement. Also, the BOP does not have to follow judicial recommendations as to facility. My boyfriend's judge recommended the camp nearest our home, but the BOP sent him to one much further from here.
With your surrender date approaching, you'll also have to decide how much of your free time that you have remaining that you want to spend angry and fighting this. If you feel you have a real chance, of course you should go for it. But a lot of the preparation needed to go to prison is mental, and going in there angry is just going to make it all the harder on you and your family. Not trying to preach, just my opinion.

I will keep fighting, but I am not going to let the anger get to me. I think I am mentally prepared. I feel fortunate that I was placed only 2 hrs from home, and I will get to see my wife and kids when ever visitation is allowed. I also feel fortunate that I have to serve 20 months. I have seen many people here who have family members, or themselves who get much more. That is just sad...

With my free time, I plan on writting a book, so time should pass fast.

Thanks for the advice.

Mike