Fbop Ner Monthly Reports 2000oct-dec

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Fbop Ner Monthly Reports 2000oct-dec

• Topics: Court Access, BOP Litigation Reports

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U.S. Department of Justice

Federal Bureau of Prisons

Nonheast Regional Office
u.s. CU.litom House
211,1 & Ches",ut Streets
Plli/adt'lpllia, PA. 19106

November 21, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - October 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 2000
Pending on 1 '"
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN FEB MAR APR MAY JON JUL AUG SEP
151 158 162 186 159 155 187 156 136
175 167 223 165 186 210 157 156 182
167 163 199 192 190 178 188 176 146
158 162 186 159 155 187 156 136 172
000000000

OCT NOV DEC
172
241
187
226
0

B. Administrative Tort Claims - 2000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284 306 286 266 291 311 290 317
Rec'd in month 42 64 93 68 70 90 65 74 93 90
Recons. rec'd
4
1
0
1
1
3
2
7
3
7
Ans'd in month 50 72 71 89 91 68 57 98 73 84
Pending at End 291 284 306 286 266 291 311 290 317 350*
Over 180 days
0
0
0
0
0
0
0
0
0
0
* Pending tort numbers adjusted due to addition of FCI Elkton
cases.
"~

3970

C. Tort Claim Investigation Status:

As of October 31, 2000

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL

RBK SCH
Pending

15 27

Over 60 days

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR
11
60
45
26
5*

APR
26
69
63
32
1*

MAY
32
57
43
46
0

JUN
46
50
66
30
2*

JUL
30
61
49
42
4*

AUG SEP OCT NOV DEC

31
40
40
31
*4

42
49
58
31
1

31
57
54
34
1*

* Note: Archived records.
E. FOIA Requests for records:

of October 31, 2000

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCR NYM OTV RBK SCH
NER
Pending
0
>20 days
0

II.

LITIGATION ACTIVITY - 2000 NORTHEAST REGION

A. SUMMARY REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
318 329 330 349 359 362 364 374 377 390
16 18 28 18 27 19 17 19 22 11
10 11
9 12 16 12 10
8 10
5
0
3
4
2
1
2
0
2
4
1
5
3
8
1 10
5
7
4
5
4
1
1
6
0
2
0
1
2
2
1
0
0
1
0
0
2
1
0
1
0
8 10
8
21 15
8 10
7
5
12 17
7
9
8 24 15
16
9 11

r
3971

B. SIGNIFICANT LITIGATION MATTERS:
OPEN CASES:
1) Merlino v. United States, et.al., Civ. No.
(E.D.PA.)
FDC Philadelphia inmate and reputed organized crime boss Joseph
3
Merlino, 41130-066, filed two actions concerning his continued
pl~cement in SHU and his access to attorneys, discovery materials, and
codefendants.
The matter w~s resolved by agreement of parties prior
to a scheduled hearing. The cases were withdrawn .
. . ' C.

BEARINGS/TRIALS: -

I)United States v. Macario Garcia,
Crim. No. , (M.D.PA.)
On November 1, 2000, inmate Macario Garcia, 90041-012, who is a
holdover at USP Allenwood, pled guilty to two counts of assaulting a
corrections officer.
Inmate Garcia was facing a 21 count superceding
indictment for assaulting staff at USP Lewisburg and USP Allenwood.
As a precursor to the criminal trial, a hearing was held on Octobe~,
30, 2000, regarding his competency and whether he should be
transferred from USP Allenwood over claims of retaliation and abuse.
Four inmate witnesses and three staff were subpoenaed by the defens'e"~
The hearing did not support the inmate's allegations.
The inmate pIe, .
guilty before the court made a finding on the allegation$. Garcia
faces up to six years for the assaults and is scheduled for sentencing
in January 2001. As a part of the plea agreement, the u.S. Attorney's
office has agreed to recommend that inmate Garcia not be housed at USP
Lewisburg or USP Allenwood after sentencing and that he be considered
for a transfer to ADX, Florence.
FCC Allenwood Supervisory Attorney
Mike Sullivan assisted in the hearings.
2)United States v. Maxwell, Cr. No.
(S.D.N.Y.)
On October 13, 2000, a hearing was held regarding the conditions of
confinement at MCC New York alleged by inmate Kenneth Maxwell, 31259054. Maxwell apparently swallowed a razor blade on two occasions in
the last few weeks and was placed in four-point restraints.
He argued
that he was not able to prepare his case because he was not allowed to
review his legal papers. His attorney requested that he be
.
transferred to another BOP facility and that his sentencing be
adjourned.
Dominique Raia represented the MCC and argued that, due to
his escape history, he is housed in the most appropriate unit and that
an adjournment will only give the inmate more time to attempt to
escape.
Judge Kaplan would not interfere with the Warden's
discretion.
3)In re Donald Sheldon, 98 Civ. 6510 (E.D.N.Y.)

3972

MCC New York inmate ~

Donald Sheldon, 42774-054, has been incarcerated on a civil contempt
order issued in 1999 by Judge Owen in S.O.N.Y. The Judge had released
him based on his representation that he was ready to comply. Later,
Judge Owen decided that inmate Sheldon's compliance was insufficient
and on May 23, 2000 ordered him to be incarcerated at the MCC for
civil contempt. Although the order specified he was to remain at the
MCC, Sheldon was moved to FCI Otisville and then to MDC Brooklyn in
4

June 2000. While at MDC Brooklyn, Sheldon filed a writ for habeas
corpus in the E.D.N.Y., claiming that he was being illegally held.
Judge Dearie held a hearing in E.D.N.Y. on September 15, 2000 and
ordered Sheldon be immediately released. MDC Brooklyn reviewed the
_' order, checked Sheldon's records and concluded that Sheldon had a
pending. case requiring his incarceration at MCC New York.
The
Marshals moved Sheldon back to the MCC that day. On September 22,
Judge Owen, upon hearing of recent, events, issued a memo and order
clarifying why Sheldon was properly incarcerated at the MCC and that
the eighteen month statutory time limit had not been exceeded.
Inmate
Sheldon now appeals Judge Owen's order, MDC Brooklyn's failure to
release h~m, the decision tb move him from Brooklyn to Manhattan, and
his continued incarceration at the MCC.
Dominique Raia has been
handling the matter . .
4)In re Okenfus (S.D.N.Y.) - On October 25, 2000, a hearing was held
before Judge Paterson regarding the designation and transfer of MOC'
Brooklyn inmate Jon Okenfus, 38887-054, to FCI Safford. On October 2,
2000, Okenfus was designated to FCI Safford with an expected release
date of December 6, 2000. Okenfus's attorney stated that the inmate
intends to live in New York City and is afraid of returning to
Arizona, as he provided testimony for the Government.
The Judge
amended his judgement to provide that supervision upon release be
under the Southern District of New York Probation. The government
concurred. Todd Bailey, Staff Attorney and David Williams, Inmate
Systems Manager represented MOC Brooklyn at the hearing.
United States v .. 'Hayward, Cr. No.
(E.D.PA.) \- On November 8,
2000, FDC Philadel.phia Health Services Administrator, Ralph Ritter and
Joyce Horikawa,attended the sentencing hearing of defendant Mark
Hayward before Judge Pollack. The Defendaht pled guilty drug and
weapons offenses.
Defendant submitted a sentencing memorandum
requesting inter alia, that the court make a downward departure
because the defendant suffers from an extraordinary physical
impairment. Specifically, the defendant produced medical records
indicating that he suffers from: asthma, epilepsy, degenerative joint
disease, obesity, sleep 'apnea. · Mr. Ritter testified that he was aware
of several inmates in federal institutions with either one or a
combination of some of Def~ndant's ailments and that BOP could
5)

3973

Page 6
MXR Monthly Report

may be wrong as to closure since the monitoring period does not end
for a couple of more years.
FeI PETZPlSBURG - On November 2, 2000, new federal judges, along with a
member of the Sentencing Commission, toured FCI Petersburg and
intervie~ed inmates as part of their training as newly appointed
federal judges.

FPC MXLLXNGTON - We have recently learned that the Navy wants to
excess 104 acres at Millington. Our region would like to obtain all

104 a~reS to prohibit someone else purchasing the property and using
it for a use inconsistent with ours.
Personne.1 Issues

Staff LeaVe and Travel

FMC

LBXXNGTON-~- annual leave Nov. 20-24.
- annual leave November 20-24.

MXRO -

..,..
.'

3974

u.s. Department of Justice
feral Bureau of Prisons

nheast Regional Office
U.S. CU.ttom HOll.tt'
·2"d & Chi'.tt""t Strtt'I.'fi
P"ila,/t'lp"ia, PA. /9UJf,

December 15, 2000
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - November 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMMARY REPORT

A. Administrative Remedies - 2000
Pending on 1~"
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN
151
175
167
158
0

FEB
158
167
163
162
0

MAR
162
223
199
186
0

APR
186
165
192
159
0

MAY
159
186
190
155
0

JUN
155
210
178
187
0

JUL
187
157
188
156
0

AUG
156
156
176
136
0

SEP
136
182
146
172

OCT
172
241
187
226
0
0

NOV DEC
226
172
252
146
0

B. Administrative Tort Claims - 2000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Pending on 1st 295 291 284 306 286 266 291 311 290 317 350
93 90 64
Rec'd in month 42 64 93 68 70 90 65 74
0
1
3
2
7
7
1
Recons. rec'd
4
1
3
5
Ans'd in month 50 72 71 89 91 68 57 98 73 84 80
Pending at End 291 284 306 286 266 291 311 290 317 350*339
0
0
0
0
0
0
0
0
Over 180 days
0
0
0

* Pending tort numbers adjusted due to addition of FCI Elkton
cases.

4002

(

C. Tort Claim Investigation Status:

As of November 30, 2000

ALF ALM ALP ALW BRO DAN OEV ELK FA! FTO LEW LOR MCK NYM OTV PHL

RBK SCH
Pending

JUN
46
50
66
30
2*

JUL
30
61
49
42
4*

AUG
42
49
58
31
1

SEP
31
40
40
31
*4

Over 60 days
0

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR
11
60
45
26
5*

APR
26
69
63
32
1*

MAY
32
57
43
46
0

OCT
31
57
54
34
1*

NOV DEC
34
64
59
39
0

* Note: Archived records.
E. FOIA Requests for records:

('"'.......

of November 30, 2000

ALF ALM ALP ALW BRO DAN DEV ELK FAI FTO LEW LOR MCK NYM OTV PHL RBK SCH
NER
Pending

4
0
>20 days 0
0

II.

LITIGATION ACTIVITY - 2000 NORTHEAST REGION

A. SUMMARY REPORT
Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
318 329 330 349 359 362 364 374 377 390 390
16 18 28 18 27 19 17 19 22 11 14
10 11
9 12 16 12 10
8 10
5
6
0
3
4
0
2
2
2
4
1
0
1
5
3
7
8
1 10
5
4
5
4
3
1
1
6
2
1
0
0
2
1
5
2
0
0
1
0
1
2
0
0
0
1
0
8 10
8
8 10
21 15
7
5
6
12 17
9
7 16
8 24 15
9 11 15

4003

B. SIGNIFICANT LITIGATION ~TTERS:
OPEN CASES:
l)In re Donald Sheldon, 98 Civ. 6510 (EDNY)
Inmate Donald Sheldon,
42774-054, was ordered held for civil contempt by Judge Owen in SONY.
3
Although the order specified he was to remain at the MCC, Sheldon was
moved to FCI Otisville and then to MDC Brooklyn in June 2000. While
at MDC Brooklyn, Sheldon filed a writ for habeas corpus in the EDNY,
claiming that he was being illegally held.
Judge Dearie held a
hearing in EDNY on September 15, 2000 and ordered Sheldon be
. ,," irrunediately released.
MDC Brookl.yn reviewed the order, checked
Sheldon's records and concluded that Sheldon had a pending case
requiring his incarceration at MCC New York.
The Marshals moved
Sheldon back to the MCC that day.
On September 22, Judge Owen, upon
hearing of recent events, issued a memo and order clarifying why
Sheldon was properly incarcerated at the MCC and that the eighteen
month statutory time limit had not been exceeded.
Inmate Sheldon
appealed Judge Owen's order, MDC Brooklyn's failure to release him, the
decision to move him from Brooklyn to Manhattan, and his continued
incarceration at the MCC. On December 5, 2000, The Second Circuit
ordered Sheldon released and an additional response be filed wit~ thee"
Court stating the reasons why he was not released on September 15,. 22,
but was transferred to the MCC.

c. BEARINGS/TRIALS: 1) United Stats v. Alexander (EDNY) - On November 9, 2000, Judge
Johnson ordered MDC Brooklyn to remove Inmate David Alexander from the
Special Housing Unit and place him in general population or transfer
him to FCI Otisville. Alexander was placed in SHU after unidentified
inmates threatened him for p~eviously testifying against a former Moe
Brooklyn inmate.
On November 17, 2000, at our request, the court held
a hearing where the Government informed the Court that there are
serious safety concerns regarding housing this inmate in either MDC
Brooklyn or MCC New York, and that FCI Otisville has changed its
mission to house only designated inmates.
The court requested the'
Warden attend the hearing. The hearing ended with the understanding
~hat t~e Government would explore the, option of transferring
.
Alexander.
The Court was informed later that day that the Government
could not guarantee that Alexander would be placed in general
population.
The Court asked that the AUSA expedite his request for
Alexander to be place in Witness Protection.
MDC Brooklyn was
represented at the hearing b~ Warden Dennis Hasty, Associate Warden
Linda Thomas and Attorney Todd Bailey.

4004

2)Lyons v. BOP,
(D. Ohio) - FCI Elkton inmate requested and received
an "emergency" hearing (conducted telephonically) regarding the
medical care he was receiving. The matter was resolved when both
parties agreed he would visit a urologist.
3. In re Pri-Har (MDPA) - On November 14, 2000, the court held a
4

teleconference hearing on Inmate Menacham Pri-Har's claim that he is
being denied access to the courts. The court denied the request for
TRO. Mike Sullivan assisted the AUSA.
D. RELIGIOUS CASES: No new activity.
E. ENSIGN AMENDMENT CASES: F. PLRA 1915 DiSMISSALS:

No new activity.

- None noted.

III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

REFERRALS:
(.

1) USP Lewisburg - 5 referrals (I assault on staff, 4 introduction of
contraband)
2) MCC New York - 2 referrals (1 serious assault on staff)
TRIALS/SENTENCING: See above
1) United States v. Martinez - 97-CR-725 (EDNY) - Defendant was one of
the MOC Brooklyn staff members indicted in the "Badfellas" sting
operation. On November 15, 2000, the defendant was sentenced within
sentencing guidelines to 78 months for accepting a bribe and
attempting to introduce contraband into MDC Brooklyn.
2) United States v. Powers Crim. No.
(DNJ) - From November 27, 2000,
through December 1, 2000, the trial of Inmate John Jay Powers
occurred.
He was charged with escape from a federal prison (FCI
Fairton) and transportation of a stolen vehicle across interstate
lines. After deliberating for 12 hours, the jury returned with a
guilty verdict on both counts. Attorney Advisor Roberta Truman
assisted the AUSA.
3) United States v. Asprilla-Perea, and Perlaza-Ortiz
(SONY)On November 7, 2000, Judge Greisa held a hearing regarding inmates
Jorge Elicier Asprilla-Perea, 45020-054, and Milton Perlaza-Ortiz,
49852-054.
Defense attorney filed a motion to have Asprilla moved
from SHU to general population and to order MCC New York to allow co-

4005

defendant meetings between Asprilla and Perlaza .
Judge Greisa said
that it was not within his authority to tell the BOP where to house
inmates under the discretion afforded to the BOP .

TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 2000:

Tra ve l: None
Annual Leave: December 18, 26 - 29
Travel - Biv Lit Trng December 11-14,
Annual Leave - December 21 - 22
Travel - None scheduled
Annual Leave - December 11 - 15
Travel - None Scheduled
Annual Leave - December 26 - 27
Travel - None Schedu led
Annual Leave - December 27 -29
Travel - MSTC - December 4 - 15
Annua l Leave - No ne Scheduled

.., , '

4006

2000

u.s. Department of Justice
Federal Bureau of Prisons

Nonileast Regiollal Office

1I. S. CII.fwm Hnll.fe
Che.ftllllr Strefr.f
Phi/tIt/rlpllill. PA. 1911J6
]11'/ &

January 30, 2001
MEMORANDUM FOR CHRISTOPHER ERLEWINE, ASSISTANT DIRECTOR/GENERAL
COUNSEL, FEDERAL BUREAU OF PRISONS
FROM:

Henry J. Sadowski, Regional Counsel

SUBJECT:

Monthly Report - December 2000

I. ADMINISTRATIVE LEGAL ACTIVITIES - SUMNARY REPORT
{

A. Administrative Remedies - 2000
Pending on 1"
Rec'd in month
Ans'd in month
Pending at End
Over 30 days

JAN FEB MAR
151 158 162
175 167 223
167 163 199
158 162 186
000

APR
186
165
192
159
0

MAY
159
186
190
155
0

\..
JUN
155
210
178

JUL AUG
187 156
157 156
188 176
1~7 156 136
000

SEP
136
182
146
172
0

OCT
172
241
187
226
0

NOV
226
172
252
146
0

DEC
146
171
156
161
0

B. Administrative Tort Claims - 2000
Pending on 1st
Rec'd in month
Recons. rec'd
Ans'd in month
Pending at End
Over 180 days

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
295 291 284 306 286 266 291 311 290 317 350 339
42 64 93 68 70 90 65 74
93 90 64 59
4
0
1
1
1
3
2
3
7
7
5
7
50 72 71 89 91 68 57 98 73 84 80 70
291 284 306 286 266 291 311 290 317 350*339 335
0
0
0
0
0
0
0
0
0
0
0
0

* Pending tort numbers adjusted due to addition of
cases.

4026

Fer

Elkton

As of December 31, 2000

C. Tort Claim Investigation Status:

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MCK NYM OTV PHL
RBR SCH
Pending

AUG
42
49
58
31
1

SEP
31
40
40
31
*4

OCT
31
57
54
34
1*

NOV
34
64
59
39
0

Over 60 days
0

D. FOI/Privacy Act Requests - 2000
Pending on 1st
Rec'd in month
Ans'd in month
Pending at End
Over 20 days

JAN
17
39
34
12
12

FEB
12
53
54
11
11

MAR
11
60
45
26
5*

APR
26
69
63
32
1*

MAY
32
57
43
46
0

JUN
46
50
66
30
2*

JUL
30
61
49
42
4*

DEC
39
63
57
45
4*

* Note: Archived records.
As of December 31, 2000

E. FOIA Requests for records:

(

ALF ALM ALP ALW BRO DAN DEV ELK FA! FTD LEW LOR MeR NYM OTV PHL RBK SCH
NER
Pending

0
0
>20 days 0
0

II.
A.

LITIGATION ACTIVITY - 2000 NORTHEAST REGION
S~Y

REPORT

Open on 1st
New Cases
Habeas Corpus
FTCA
Bivens
Other
Bivens/FTCA
Lit Reports
Cases Closed

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
318 329 330 349 359 362 364 374 377 390 390 389
16 18 28 18 27 19 17 19 22 11 .14 18
10 11
9 12 16 12 10
8 10
5
6 12
0
3
4
2
2
1
0
1
2
4
0
0
5
3
8
1 10
5
7
4
4
5
3
2
1
1
6
2
0
0
1
2
2
1
5
2
·0
0
1
1
0
2
0
0
1
0
0
0
8 10
8
21 15
7
8 10
5
6 10
12 17
9
8 24
7 16
15
9 11 15
6

B. SIGNIFICANT LITIGATION MATTERS:

4027

SETTLEMENTS:
l)Toombs v. Morton CV 97-0696; Toombs v . U. S. CV 98-2455 (EDNY) In
these combined Bivens/fTCA actions, inmate Ricardo Toombs, Reg. No.
38601-054, challenged the medical care he received while housed at MDC
3
Brooklyn.
Plaintiff was released from fMC Lexington on August 1,
1 997 . The issue involved an eight-week delay in providing an accurate
diagnosis of a ruptured Achilles tendon. Case settled for $125,000.
Adverse ruling:
... ' " ".

l)Rosemond v. Menifee, 00 - CV-7415 (SDNY) - On December 22 , 2000, the
District Court issued an adverse opinion which ordered the Bureau of
Prisons to give 87 days of credit to inmate James Rosemond, Reg. No.
17903-054,
who was housed at fcr Otisville.
Petitioner alleged that
he was entitled to the period of time he was o n writ to the federal
authorities from the New York state authorities because, but for the
removal on federal writ two days prior to the execution of his state
parole, he would have received all this credit o n his federal
sentence.
Our original response defended our decision because the
inmate received credit for his state sentence and any award would be
double credit.
The Petitioner then ob tained a declaration by a New
York State Department of Corrections official which basically stated
that but for the federal writ he
, d have been released on
later.

C. HEARINGS/TRIALS: 1) Vorhauer v. Zenk (3 :CV-00 -0444 ) (MDPA) (HC) - On December 21, 2000, '
an evidentiary hearing was held regarding Petitioner's request for 31
days of jail time credit. Chief Judge Vanaskie requested both sides
meet and see if a compromise could be reached .
The Court was informed
that since the state had already granted the credit, the Bureau could
not.
Evidence was presented which indicated that the petitioner was
merely waiting for the U.S. Marshal to pick him up at the conclusion
of his state sentence.' Had they done so, the Bureau would have
granted the credit sought.
The Petitioner agreed to file a request
with Pennsylvania officials asking them to not include the disputed
thirty one days in his state sentence computation . Assistant ISM Al
farley and Attorney Mike Sullivan represented the BOP at the hearing.

2) U.S. v. Martinez, 97 - CR- 725(EDNY) - At the November 15, 2000
sentencing of former employee, Anthony Martinez, 48362-053, MDC
Brooklyn Associate Warden Linda Thomas testified to the ability of the
Bureau to safely house Mr . Martinez.
The Court sentenced Martinez to

4028

78 months and revokeq bail. On December 4, 2000, the government was
·ordered to appear before the Court and explain why Martinez had not
yet been designated and transferred. The Court was advised that the
designation was not made until November 27, 2000 because the J&C and
the amended pre-sentence investigation report were not immediately
received and the designation request had to be referred first to the
4

medical designator. Once designated, the U. S. Marshals Service did
not immediately move Martinez to his designated institution. Martinez
was transferred to his designated institution the same day as the
hearing.
The Court ordered the u.s. Attorney's Office to investigate
the circumstances surrounding these delays and respond with a report
to the Court.
MDC Brooklyn was represented at the hearing by AW
Linda Thomas and Attorney Todd Bailey.
3) u.s. v Tiedemann, 95-CR-406 (EDPA) - The inmate was denied CCC
placement because of a pending probation violation warrant from the
state of Florida. The CCC denial caused him not to be eligible for a
3621(e} reduction. He challenged this in a habeas petition in MDPA
and lost.
He then wrote a letter to his sentencing judge, Judge
Shapiro, who held a hearing on December 12, 2000. The court was
concerned because FCI Schuylkill staff incorrectly told the inmate he
was denied because of a detainer. The warrant was not lodged as a
detainer because the Sheriff did not want to extradite.
I represented
the BOP.
I explained that the failure of the inmate to resolve the
warrant showed a lack of responsibility and the Warden's decision was
within his discretion. The court ultimately agreed but asked I call
the state probation officer and ensure the warrant was still
outstanding.
I did so and reported to the court the warrant was still
outstanding. The court found no jurisdiction to review the merits.
4)U.S. v. Amsden (WDNY) - Sentencing Judge Skretny scheduled a
teleconference on Tuesday, December 12 to discuss the medical
treatment of an inmate at FMC Devens who was diagnosed with pr.ostate
cancer while a pretrial inmate in Marshal's custody in Buffalo. The
Judge was concerned of the ability to return the .inmate because the
inmate has a second indictment pending scheduled for trial early next
year.
The Acting Warden and the medical staff did a fine job in
explaining the course of treatment for the inmate since his arrival at
FMC Devens on October 27, 2000. The Judge was satisfied with the care
being afforded the inmate.
5) u.S. v Day, Appeal No. 99-5775 (3d Cir)
- On request from the
Cou.rt of Appeals, I appeared on December 19, 2000 to present the
position of the Bureau concerning a complicated state and federal
sentencing issue. The case was on direct appeal from the conviction.
and sentence of Roger C. Day, 12388-050, an inmate now at FCI
Schuylkill. One of the issues was the proper application of

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sentencing Guideline SG1. 3. The inmate was arrested in Italy, fought ,"
extradition for almost two· years, . was returned to the United States, (
went to the State of New Jersey custody, sentenced federally while on '.
writ, sentenced on the state charges, paroled from the state sentence,
and now in our custody. The primary issue for the Bureau was whether
the federal sentence was to run concurrently with the state term and,
5

if so, whether the inmate will receive Willis credit. The present
federal sentence was computed as consecutive to the state. I
discussed the possibility of concurrent service of the federal
sentence with the state and the application of prior custody credit
under Willis. The Court of Appeals held the appeal in abeyance
pending a consideration by the Bureau of whether the federal sentence
should run concurrently with the state sentence.
D. RELIGIOUS CASES: No new activity.
E. ENSIGN ANENDMENT CASES: - No new activity.
III. CRIMINAL REFERRALS/PROSECUTIONS/TRIALS:

1) USP Allenwood - 6 referrals (5 inmate on inmate assaults, 1
intercepted letter)
2) FCI Allenwood - 5 referrals ( 4 inmate on inmate assaults (1 wI
weapon), 1 possession of weapon (toothbrush wI razor blade)
3).LSCI Allenwood - 2 referrals (1 assault on staff (declined), 1
alleged rape)
4) USP Lewisburg - 8 referrals (2 inmate assault on staff (1 wI five
'punches, 1 by spitting); 4 inmate on inmate assault (I using metal
prosthesis); 1 intercepted money order as drug deal payment)
5) MCC New York - 3 referrals (2 inmate on inmate assaults denied, 1
mattress fire pe~ding)
6) FCI Otisville - 1 referral to Secret Service for money laundering.
TRAVEL AND LEAVE SCHEDULE FOR DECEMBER 2000:

Travel: January 17 NER Administrators Retreat
Annual Leave: January 11-12
Travel - January 17 - FeI Butner - CD Rom Review
Annual Leave - None
Travel - None scheduled
Annual Leav~ - None scheduled
Travel - None Scheduled
Annual Leave - January 29

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