FEDERAL PRISON GUIDEBOOK

Transcription

1 b - Front.qxd 7/31/2012 5:25 PM Page 1 FEDERAL PRISON GUIDEBOOK ALAN ELLIS J. MICHAEL HENDERSON TODD BUSSERT Contact us at (800) or F-1

2 b - Front.qxd 7/31/2012 5:25 PM Page 2 Federal Prison Guidebook Copyright 2012 James Publishing, Inc. ISBN This publication is intended to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher does not render legal, accounting, or other professional services. If legal advice or other expert assistance is required, seek the services of a competent professional. Persons using this publication in dealing with specific legal matters should exercise their own independent judgment and research original sources of authority and local court rules. The publisher and the authors make no representations concerning the contents of this publication and disclaim any warranties of merchantability or fitness for a particular purpose. We view the publication of this work as the beginning of a dialogue with our readers. Periodic revisions to it will give us the opportunity to incorporate your suggested changes. Call us at (714) or send your comments to: Revision Editor James Publishing 3505 Cadillac Ave., Suite H Costa Mesa, CA Edition, 6/ Edition, 8/ Edition, 8/2012 Managing Editors: Amanda Winkler and Rachel Robinson Production Editor: Rebecca Aranda F-2

3 b - Front.qxd 7/31/2012 5:25 PM Page 3 ABOUT THE AUTHORS Alan Ellis, past president of the National Association of Criminal Defense Lawyers, is a nationally recognized authority in sentencing, prison matters, and post-conviction remedies with offices in San Francisco, New York and Shanghai. He is a co-author with J. Michael Henderson and Todd Bussert of the Federal Prison Guidebook; James H. Feldman, Jr. and Mark Allenbaugh of the Federal Sentencing Guidebook; Mark Allenbaugh, Jonathan Edelstein, James H. Feldman, Jr., and Karen Landau of the Federal Post Conviction Guidebook; and a contributing editor to the American Bar Association Criminal Justice magazine for whom he writes a quarterly column on federal sentencing. Mr. Ellis has been described as one of this country s pre-eminent criminal defense lawyers by Federal Lawyer magazine. The United States Court of Appeals for the Ninth Circuit, in a published decision, has identified him as a nationally recognized expert in federal criminal sentencing. He is a sought-after lecturer in criminal law education programs and is widely published in the areas of federal sentencing, Bureau of Prisons matters, appeals and other post-conviction remedies, with more than 120 articles and books and 70 lectures, presentations and speaking engagements to his credit. He was a Visiting Professor of Law, by way of a Fulbright grant awarded by the U.S. State Department, to conduct lectures at Shanghai Jiaotong University s School of Law on the criminal protections afforded defendants in America. J. Michael Henderson is a federal prison consultant to the Law Offices of Alan Ellis. Mr. Henderson has over 23 years of experience working with the Bureau of Prisons. While employed by the BOP, Mr. Henderson served as the Regional Designator for the Western Region of the United States. He served in this capacity in the early 90s and again from 1997 until his retirement in In that capacity, his duties included oversight of the Federal Bureau of Prisons classification of newly sentenced federal offenders in the western part of the United States. Mr. Henderson also worked at several prisons ranging from administrative to high security, and also provided staff training in these areas. During his career, Mr. Henderson has received numerous awards and recognition for his work including noteworthy awards from the inmate branch of the NAACP at FPC Allenwood and the Bureau of Prisons National Stanford Bates Award for outstanding contributions to improved case management. He is the co-author of articles in this book such as: Securing a Favorable Prison Designation, Early Release from Custody, Getting Out Early, The Bureau of Prisons RDAP Program, and Reducing Recidivism: The Bureau of Prisons Comprehensive Residential Drug Abuse Program. F-3

4 b - Front.qxd 7/31/2012 5:25 PM Page 4 Federal Prison Guidebook Todd Bussert, a member of FROST BUSSERT LLC in New Haven, Connecticut, has worked in the federal sentencing and post-conviction arenas for more than 15 years, including previously as the Associate Director of Client Services for the National Center on Institutions and Alternatives (NCIA). In addition to triallevel defense of federal criminal matters, Todd s scope of representation includes direct criminal appeals, motions brought pursuant to 28 U.S.C and 28 U.S.C. 2241, and issues involving the federal Bureau of Prisons (BOP), such as placement, programming and administrative remedy appeals. Todd is Of Counsel to the Law Offices of Alan Ellis, and regularly consults with other attorneys and their clients concerning federal sentencing and prison matters. He also writes and speaks on federal sentencing and prison issues. With Alan Ellis, he wrote Looking at the BOP s Amended RDAP Rules and Stemming the Tide of Postconviction Waivers, and he is the principal author of The Federal Bureau of Prisons chapter in the DEFENDING A FEDERAL CRIMINAL CASE treatise. Todd is a member and the former vice-chair of the Practitioners Advisory Group to the U.S. Sentencing Commission and past co-chair of both the American Bar Association Criminal Justice Section s Corrections and Sentencing Committee and the National Association of Criminal Defense Lawyers Corrections Committee. He is a member of Families Against Mandatory Minimums Litigation Advisory Board and was a Visiting Lecturer in Law at the Yale Law School. SPECIAL THANKS Deborah Bezilla, Administrative Assistant to the Law Offices of Alan Ellis. F-4

5 b - Front.qxd 7/31/2012 5:25 PM Page 5 Table of Contents TABLE OF CONTENTS Chapter 1: Prison Programs and Policies 1:10 Introduction to the Guidebook 1:10.1 Education 1:10.2 Vocational/Apprenticeship 1:10.3 Library 1:10.4 UNICOR 1:10.5 Counseling/Rehabilitation 1:10.6 Health Services 1:10.7 Housing 1:10.8 Smoking 1:10.9 Fitness/Recreation 1:10.10 Religious Services 1:10.11 Commissary 1:10.12 Telephone Policy 1:10.13 Inmate Mail 1:10.14 TRULINCS Electronic Messaging 1:10.15 Visiting Hours 1:10.16 Lodging and Accommodations 1:20 [Reserved] 1:30 Glossary of Bop Institution Terminology Chapter 2: Securing a Favorable Federal Prison Placement 2:10 Tips on Getting Your Client Into the Best Prison and Released at the Earliest Opportunity 2:20 Securing a Favorable Federal Prison Placement 2:20.1 The Federal Prison System 2:20.2 How the BOP Designation Process Works 2:20.3 Security Level Scoring by Designations Staff 2:20.4 Public Safety Factors 2:20.5 Management Variables 2:20.6 Central Inmate Monitoring Information 2:20.7 After an Inmate Is Designated Chapter 3: Residential Drug Abuse Program (RDAP) 3:10 Introduction 3:20 What is RDAP? F-5

6 b - Front.qxd 7/31/2012 5:25 PM Page 6 Federal Prison Guidebook 3:30 Admission to RDAP 3:30.1 Diagnosable Disorder 3:30.2 The 12-Month Rule 3:30.3 The 24-Month Cutoff 3:40 The Program 3:50 The Sentence Reduction Chapter 4: Practice Tips 4:10 Introduction 4:10.1 Sentencing Tips 4:10.2 Prison Tips Chapter 5: How To Do Time 5:10 Questions and Answers 5:10.1 Initial Placement 5:10.2 What to Bring 5:10.3 Intake and Orientation 5:10.4 Solving Problems 5:10.5 For Family Members 5:10.6 Medical Care 5:10.7 Unit Management 5:10.8 Release Planning 5:10.9 Final Advice Chapter 6: Pre-Release 6:10 Introduction 6:20 Brief History 6:30 Pre-Release Following the Second Chance Act 6:40 Revised Guidance for RRC Placement Memo Chapter 7: Sex Offenders 7:10 Introduction 7:20 Sentencing 7:30 Bureau of Prisons Chapter 8: Medical Care in the Bureau of Prisons 8:10 BOP Health Care: What You (and Your Clients) Need to Know 8:10.1 BOP Medical Classification 8:10.2 Levels of Intervention F-6

7 b - Front.qxd 7/31/2012 5:25 PM Page 7 Table of Contents 8:10.3 Primary Care Teams 8:10.4 End of Life 8:20 Level of Care Memo Chapter 9: Federal Sentencing 9:10 Introduction 9:11 An Overview of the Guidelines 9:11.1 How the Offense of Conviction Affects the Guideline Range 9:11.2 Relevant Conduct 9:11.3 The Guidelines Sentencing Range 9:12 Choosing the Correct Guideline Manual 9:13 Applying the Guidelines 9:13.1 Step One: Select the Offense Guideline 9:13.2 Step Two: Determine the Base Offense Level 9:13.3 Step Three: Specific Offense Characteristics 9:13.4 Step Four: Cross References and Special Instructions 9:13.5 Step Five: Adjustments Related to the Nature of the Victim, the Defendant s Role in the Offense, and Obstruction of Justice 9:13.6 Step Six: Grouping 9:13.7 Step Seven: Acceptance of Responsibility 9:13.8 Step Eight: Criminal History Category 9:13.9 Step Nine: The Guideline Range 9:13.10 Special Situations-Career Offenders, ACCA, Repeat and Dangerous Sex Offenders, Three Strikes, and Mandatory Minimums 9:13.11 Other 3553(a) Factors 9:13.12 Departures and Variances 9:14 Substantial Assistance Motions, Cooperation Agreements, and the Safety Valve 9:14.1 Substantial Assistance Motions 9:14.2 Cooperation Agreements 9:14.3 The Safety Valve 9:15 Probation, Split Sentences, and Community or Home Confinement 9:16 When the Defendant Is Already Serving a Sentence 9:17 Supervised Release 9:18 Fines, Restitution, Forfeitures, Special Assessments, and Costs of Incarceration 9:19 Appeals From Sentencing Decisions 9:20 After Sentencing Taking Advantage of Favorable Guideline Amendments 9:30 At a Loss for Justice F-7

8 b - Front.qxd 7/31/2012 5:25 PM Page 8 Federal Prison Guidebook 9:40 Litigating in a Post-Booker World 9:40.1 The Booker Decision 9:40.2 The Impact of Booker Prior to Sentencing 9:40.3 Booker and Plea Agreements 9:40.4 Imposition of Longer Sentences 9:40.5 Plea Negotiation After Booker 9:40.6 Does Booker Affect Statute of Limitations for 2255 Motions? 9:40.7 Booker and Second or Successive 2255 Motions 9:40.8 Conclusion 9:50 Standards of Proof at Sentencing 9:60 Child Pornography Guidelines Are Ripe for Challenge 9:70 Inside Baseball: Interview With Former Federal Probation Officer 9:80 Character Letter Instructions 9:90 The Importance of Sentencing Statistics Chapter 10: Direct Appeals 10:10 Introduction 10:20 Issues That Can Be Raised in an Appeal 10:20.1 Sentencing Appeal vs. Appeal From the Underlying Conviction 10:20.2 Obstacle: Waiver of Particular Issues 10:20.3 Obstacle: Standard of Review 10:20.4 Direct Appeal vs Motion 10:30 How and Where to File 10:30.1 Schedule for Appeals 10:30.2 The Appellant s Brief 10:30.3 Oral Argument 10:30.4 Judges Ultimate Decision 10:30.5 Giving Up the Right to Appeal 10:30.6 Prevailing on Appeal 10:30.7 Losing the Appeal 10:30.8 Legal Assistance Chapter 11: Habeas Corpus: 2255 Motions 11: Motions 11:10.1 Who Can File? 11:10.2 What Issues Can be Raised? 11:10.3 Differences From Direct Appeals 11:10.4 Encountering Obstacles in Litigating 11:10.5 Prisoners Rights 11:10.6 Time Limits F-8

9 b - Front.qxd 7/31/2012 5:25 PM Page 9 Table of Contents 11:10.7 The AEDPA s One Year Rule 11:10.8 How and Where to File 11:10.9 After the Motion is Filed 11:10.10 Length of the Process 11:10.11 Special Rules 11:10.12 Rules of Discovery 11:10.13 Appealing the Denial of 2255 Motions 11:10.14 Making a Substantial Showing of the Denial of a Constitutional Right 11:10.15 Filing More Than One 2255 Motion 11: Motions 11:20.1 Who May File 11:20.2 When to File 11:20.3 How and Where to File 11:20.4 Appealing a Denial of 2241 Relief 11:20.5 Filing More Than One 2241 Habeas Petition 11:20.6 Legal Assistance 11:30 Stemming the Tide of Post-Conviction Waivers 11:30.1 General Waiver Considerations 11:30.2 The Inherent Difficulties With Post-Conviction Waivers Chapter 12: The Mid-Atlantic Region 12:10 FPC Alderson 12:11 FCI Ashland 12:12 FCI Beckley 12:13 USP Big Sandy 12:14 FCI Butner Low 12:15 FCI Butner Medium I 12:16 FCI Butner Medium II 12:17 FMC Butner 12:18 FCI Cumberland 12:19 FCI Gilmer 12:20 USP Hazelton 12:21 USP Lee 12:22 FMC Lexington 12:23 FCI Manchester 12:24 USP McCreary 12:25 FCI McDowell 12:26 FCI Memphis 12:27 FCI Morgantown 12:28 FCI Petersburg Low 12:29 FCI Petersburg Medium F-9

10 b - Front.qxd 7/31/2012 5:25 PM Page 10 Chapter 13: The North Central Region 13:10 MCC Chicago 13:11 FPC Duluth 13:12 FCI Englewood 13:13 USP Florence Administrative Maximum Facility 13:14 FCI Florence 13:15 USP Florence 13:16 FCI Greenville 13:17 USP Leavenworth 13:18 USP Marion 13:19 FCI Milan 13:20 FCI Oxford 13:21 FCI Pekin 13:22 FMC Rochester 13:23 FCI Sandstone 13:24 MCFP Springfield 13:25 FCI Terre Haute 13:26 USP Terre Haute 13:27 FCI Waseca 13:28 FPC Yankton Chapter 14: The Northeast Region 14:10 FCI Allenwood Low 14:11 FCI Allenwood Medium 14:12 USP Allenwood 14:13 MDC Brooklyn 14:14 USP Canaan 14:15 FCI Danbury 14:16 FMC Devens 14:17 FCI Elkton 14:18 FCI Fairton 14:19 FCI Fort Dix 14:20 USP Lewisburg 14:21 FCI Loretto 14:22 FCI McKean 14:23 MCC New York 14:24 FCI Otisville 14:25 FDC Philadelphia 14:26 FCI Ray Brook 14:27 FCI Schuylkill Federal Prison Guidebook F-10

11 b - Front.qxd 7/31/2012 5:25 PM Page 11 Table of Contents Chapter 15: The South Central Region 15:10 FCI Bastrop 15:11 USP Beaumont 15:12 FCI Beaumont (Medium and Low) 15:13 FCI Big Spring 15:14 FPC Bryan 15:15 FMC Carswell 15:16 FCI El Reno 15:17 FCI Forrest City 15:18 FCI Fort Worth 15:19 FDC Houston 15:20 FCI La Tuna 15:21 FCC Oakdale 15:22 FTC Oklahoma City 15:23 USP Pollock 15:24 FCI Seagoville 15:25 FCI Texarkana 15:26 FCI Three Rivers Chapter 16: The South East Region 16:10 USP Atlanta 16:11 FCI Coleman Low 16:12 FCI Coleman Medium 16:13 USP Coleman I and II 16:14 FCI Bennettsville 16:15 FCI Edgefield 16:16 FCI Estill 16:17 MDC Guaynabo 16:18 FCI Jesup 16:19 FCI Marianna 16:20 FCI Miami 16:21 FDC Miami 16:22 FPC Montgomery 16:23 FPC Pensacola 16:24 FCI Talladega 16:25 FCI Tallahassee 16:26 FCI Williamsburg 16:27 FCI Yazoo City F-11

12 b - Front.qxd 7/31/2012 5:25 PM Page 12 Chapter 17: The Western Region 17:10 USP Atwater 17:11 FCI Dublin 17:12 FCI Herlong 17:13 FDC Honolulu 17:14 FCI Lompoc 17:15 USP Lompoc 17:16 MDC Los Angeles 17:17 FCI Mendota 17:18 FCI Phoenix 17:19 FCI Safford 17:20 MCC San Diego 17:21 FDC Sea Tac 17:22 FCI Sheridan 17:23 TAFT Correctional Institution (TCI) 17:24 FCI Terminal Island 17:25 FCI Tucson 17:26 USP Tucson 17:27 FCI Victorville I and II 17:28 USP Victorville Federal Prison Guidebook Chapter 18: Privately-Managed Facilities Housing Federal Inmates 18:10 Introduction 18:20 Privately-Managed Facilities Index F-12