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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 07-23-2009, 12:58 PM
Billyspt4 Billyspt4 is offline
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Default How much influence does judge have on BOP placement??

I was sentenced to 12 months and a day and it was recommended that I be put in the Morgantown FCI which is 20 miles away or a nearby facility. Now I know the BOP is the one in charge, but how much influence does the judge have on their decision or is it basically influenced by how many inmates are at the recommended facility? I talked to a friend of mine that works at a local State Facility that said he's seen Federal inmates sent to his place, which is also about 20 miles away.

Also, I was sentenced on the 9th, I'm reporting on the 31st (given 30 days to SS) and I am yet to receive my destination papers, but on the BOP website, it already has my number and says "in transit" for my location. Should I get my papers before I go next Friday and if not, do I just get sent to a Regional Jail? On my court papers it says that I am to report to the US Marshalls office.
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Old 07-23-2009, 01:31 PM
dogmeat dogmeat is offline
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Call the US Marshals office to see if they have any kind of updates.

To answer your question about the judges influence, they take his information into consideration but do not by any means have to follow it.
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Old 07-23-2009, 01:56 PM
bellisq bellisq is offline
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The Judges recommendations are followed 3/4 of the time.
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Old 07-23-2009, 02:15 PM
Billyspt4 Billyspt4 is offline
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I just called the US Marshalls to start getting things lined up and they said that since I'm reporting early, I have to get everything squared away with my probation officer. So now I have to call him, talk about who knows what, then call the Marshalls back on Monday and let them know what's going on. Then on top of that, even though my papers say to report to the US Marshalls office, now they are saying I may have to report directly to a Regional Jail and go from there, this is so damn frustrating, all I want to do is get my time served and move on, but now this is becoming a mess....God Bless our Government!!!!
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Old 07-23-2009, 02:20 PM
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Ditto!
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Old 07-23-2009, 04:09 PM
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If you report to a county/regional jail, your time served in a county/regional jail will be counted towards to your sentece. At least it SHOULD be. My friend served a week in the county jail before he was transferred to MDC Brooklyn. Sometimes inmates that report to their county jail have to be transferred to a detention center such as MDCs or FDCs before they get to their designated facility. Hopefully you get an answer soon.
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Old 07-23-2009, 05:53 PM
Billyspt4 Billyspt4 is offline
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I should know something I hope tomorrow, called and left my P.O. a message today and hopefully he calls tomorrow and informs me as to what is going on. I don't mind doing time in a Regional Jail for the simple fact that I know it'd be worse than the facility that was recommended so (keeping things positive) it'd help me appreciate being at the Federal facility
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Old 07-23-2009, 09:07 PM
dogmeat dogmeat is offline
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Wow, I am sorry to hear that they are saying that. I hope that I get my letter soon.

I think ill post in the SS forums as well.

How long does it take to get your paperwork?
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Old 07-23-2009, 11:23 PM
Zelda50 Zelda50 is offline
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I could be wrong - so someone correct me if I am. But if it looks like the designation is not done, you might call your lawyer and see if he can arrange a delay of your self-surrender until there is a designated place to surrender. Cause going to a regional jail may mean waiting there and then going on some uncomfortable travel routes to get there. Z.
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Old 07-24-2009, 12:43 AM
dogmeat dogmeat is offline
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Yea, Zelda is right. Another person to talk to is the Probation Officer. Mine went to the judge and explained how they screwed up my paper work and he approved a 15 day extension.
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Old 07-24-2009, 01:09 AM
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Quote:
Originally Posted by bellisq View Post
The Judges recommendations are followed 3/4 of the time.
Really, 3/4 of the time? Dang, I guess my fiance got the short end of that stick. I haven't been able to visit yet because he's 10 hours away when his recommednation was to a facility an hour away.
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Old 07-24-2009, 07:11 AM
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Yeah, mine was recomended for a facility 1-1/2 hours away and ended up 8 hours away. Love them guys!
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  #13  
Old 07-24-2009, 07:53 AM
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And, mine was recommended to go to a medical facility and he certainly didn't go to one.
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Old 07-24-2009, 09:38 AM
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Thanks for all the information guys, I really appreciate it. I'm waiting to hear back from my P.O. but if he's like any of the other Gov't officials, he'll call when it's convenient for him. I am going to hound him until I hear something. I never thought to ask for an extension, but that's a good idea, I'll get ahold of my attorney and give him a heads up as well. He's kind of the timid type (didn't help anything in court) just kind of gave his recommendation for house arrest and when the judge started, he just kind of tucked his tail between his legs and ran. I think he could've fought a little more on my behalf, but oh well, the judge is a bitter lady who's daugther died from a drug overdose so now she gets to play "God." Oh well, off subject, but thanks for all the advice!! I'll definitely let everyone know how this turns out
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Old 07-24-2009, 12:10 PM
Billyspt4 Billyspt4 is offline
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Well, I'm still waiting on my P.O. to call me back, tried calling him like 5 times today. I talked to my attorney and he supposedly called the US Marshalls office about getting an extension on my SS date and they said that I'd need to petition the sentence or some kind of crap and there's no time for me to get another court date within 2 weeks. I think it's all garbage because he's conveniently going to be on vacation next week so I think he just doesn't want to have to miss that
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Old 07-24-2009, 12:33 PM
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If the PO is ok with granting the extension, they can go to the judge and ask. This wont require a court date.

What happened with mine is my pretrial officer in seattle called and stated that the paperwork they had just gotten stated I was in custody. And Because of this, the BOP wouldnt have time to get a proper designation done in time for me to surrender. I went off saying that if I have to surrender to the facility because I would lose my chance at RDAP. So she said she'd look into it but no guaranties. So I called my Lawyer., then the PO who did my paperwork where my charge was at, and by the time I got off the phone with a voicemail my lawyer had called back and said they'd take care of it.

A day later I called the PO back where I caught my charge (she was the same one who did my PSI, and sits in court) and she said 'The clerk made a mistake but my paperwork was fine, I went to the judge as soon as he got off the bench and explained to him the situation and he agreed to extend your SS date to Aug the 17th.'.

No court date, no crazy non-sense. I guess it all matters how much the PO wants to help you.
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Old 07-24-2009, 12:55 PM
Zelda50 Zelda50 is offline
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If the P.O. won't help, call your lawyer back and ask him to contact the prosecutor, get the prosecutor's O.K. for the extension of time to SS, and to contact the judge ex parte,without a court hearing. Push that timid lawyer a bit - he's putting you off because he's getting ready to go on vacation. Another idea is to ask him who's covering his cases while he's on vacation and ask him to have that lawyer work on it.
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Old 07-24-2009, 01:17 PM
Billyspt4 Billyspt4 is offline
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HAHA, finally got my call from my P.O., he asked if I've received my designation papers yet and seemed quite surprised that I've not received them by now. He said that on my court papers there's a mistake where it says that I have to SS to the US Marshalls office by non on August 7th. He said that he's never seen that before and it normally is that you can SS to the BOP at the designated location. However, with me not having any notification, he's not sure what I should do, so he has to call and figure out what the hell is going on and where I should report. I'm serious, I always get the run around with EVERYTHING from the Government. So now I'm actually more confused than ever because now I don't know if I'm supposed to wait for my papers to arrive and go on the date that's written on them or if I'm supposed to report by the 7th at the Marshall's Office, ah what a mess
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Old 07-24-2009, 09:00 PM
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Quote:
Originally Posted by Billyspt4 View Post
HAHA, finally got my call from my P.O., he asked if I've received my designation papers yet and seemed quite surprised that I've not received them by now. He said that on my court papers there's a mistake where it says that I have to SS to the US Marshalls office by non on August 7th. He said that he's never seen that before and it normally is that you can SS to the BOP at the designated location. However, with me not having any notification, he's not sure what I should do, so he has to call and figure out what the hell is going on and where I should report. I'm serious, I always get the run around with EVERYTHING from the Government. So now I'm actually more confused than ever because now I don't know if I'm supposed to wait for my papers to arrive and go on the date that's written on them or if I'm supposed to report by the 7th at the Marshall's Office, ah what a mess
Relax and keep in touch with that PO daily. He is going to be your best friend in this entire situation. If he realizes they made a mistake, he more than likely will go the extra mile to make it right.

This is exactly what happened with me. They made an error on my paperwork, which made the BOP think i was already in custody, due to this they wouldnt have had my designation stuff done in time. So the PO went to the judge and asked for the extension.

I wish you lots of luck good sir.
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Old 07-25-2009, 05:12 PM
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"Ibjonzin" Called the facility the judge recommended and asked if she had bed designated there, and they told her. She knew before her po did. She just reproted last week.
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Old 07-27-2009, 09:00 PM
jezterschick jezterschick is offline
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When my mom was sentenced, they asked the judge to recommend to send her somewhere close. They ended up sending her to Florida and we live in South Texas. So either she did not send the recommendation or the BOP just didn't give a flying hoot what the judge recommended.
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Old 07-27-2009, 09:28 PM
Zelda50 Zelda50 is offline
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My money is on the "flying hoot."
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Old 07-27-2009, 09:51 PM
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lol zelda =)

They really dont give a damn =(
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Old 08-01-2009, 01:10 PM
Billyspt4 Billyspt4 is offline
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And this story just keeps getting better, I talked to my mailman yesterday (7-31) because I've not really been getting any mail which is weird. I put in a change of address to take effect today (8-1) when I got out of my apartment. Well, it just so happens that the post office has my mail all messed up and my mail has been getting returned and not delivered to my apartment nor has it been forwarded to the forwarding address. So IF my papers were sent, they were probably sent back. Just another low blow from a government agency, I'm just getting hit one after another. So my SS date is this Friday (8-7) and I've yet to receive my papers and if they've been sent, they probably got sent back so now I'll probably get to sit in a Regional jail for a month or longer since no one can seem to do they're job correctly these days.
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Old 08-02-2009, 12:49 PM
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Quote:
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And this story just keeps getting better, I talked to my mailman yesterday (7-31) because I've not really been getting any mail which is weird. I put in a change of address to take effect today (8-1) when I got out of my apartment. Well, it just so happens that the post office has my mail all messed up and my mail has been getting returned and not delivered to my apartment nor has it been forwarded to the forwarding address. So IF my papers were sent, they were probably sent back. Just another low blow from a government agency, I'm just getting hit one after another. So my SS date is this Friday (8-7) and I've yet to receive my papers and if they've been sent, they probably got sent back so now I'll probably get to sit in a Regional jail for a month or longer since no one can seem to do they're job correctly these days.
Call the Probation Officer that did your Presentencing Investigation.

I am not entirely 100% sure, but my designation letter CAME from that Probation Officer, signed by her, and was written by her.

My attorney actually even called over there to verifiy some details and she confirmed.
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