UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
February 9, 2010
UNITED STATES OF AMERICA,
DAVID ALVAREZ, DEFENDANT.
The opinion of the court was delivered by: Hurley, Senior District Judge
MEMORANDUM AND ORDER
By letter filed on December 14, 2009, David Alvarez ("petitioner" or "Alvarez") requests, pursuant to the "[S]econd [C]hance [Act]," that he be transferred to community confinement "to be with [his seriously ill] two year old son." (Alvarez Letter at 1.)
On April 9, 2008, Congress enacted the Second Chance Act of 2007 ("the Act"), which amended 18 U.S.C. § 3624(c) to require BOP:
to the extent practicable, [to] ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the re-entry of that prisoner into the community. Such conditions may include a community correctional facility.
Pub. L. No. 110-199, 122 Stat. 657 (2008).
Petitioner is presently serving a one hundred month period of incarceration after being sentenced by me on December 16, 2005. Accordingly, he is not eligible for release under the Act since he has not entered the "final months" of his term of imprisonment. Id.
Accordingly, petitioner's understandable request, predicated on 18 U.S.C. § 3624(c), must be and is denied.
DENIS R. HURLEY, U.S.D.J.
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