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United States of America v. Juan Ybarra

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


May 23, 2012

UNITED STATES OF AMERICA
v.
JUAN YBARRA, DEFENDANT.

The opinion of the court was delivered by: John G. Koeltl, District Judge:

MEMORANDUM OPINION AND ORDER

The Court has received a letter from the defendant which the Court forwards to defense counsel and the Government. The letter is filed under seal because it contains medical information.

The Court notes that, in response to the defendant's specific questions, because the defendant was convicted of an offense relating to cocaine and not crack cocaine, the change in the Guidelines relating to crack cocaine would offer no relief.

With respect to the defendant's medical condition, counsel should explore whether the defendant qualifies for any early disposition by the Bureau of Prisons, such as compassionate leave. Defense counsel should also explore whether any reassignment within the Bureau of Prisons would be appropriate, an issue to be raised with the Bureau of Prisons.

Defense counsel should also respond to the defendant's inquiry regarding placement in a residential re-entry center pursuant to the Second Chance Act. The Second Chance Act provides that:

20120523

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