More Bad News for Cameron Douglas
Update: Cameron ended up at the prison camp at Lewisburg after all.
When Cameron Douglas was sentenced to five years in prison Wednesday, the Court agreed to recommend to the Bureau of Prisons that he serve his time at the satellite prison camp at Lewisburg.
A day later, his lawyers wrote the judge and said, oops, BOP doesn't think they can send him to a camp right away. They asked the judge to change his recommendation to the FCI at Ft. Dix so he can continue therapy with the doctor who has been treating his addiction while at MCC and because it's convenient for his family to visit.
The Judge said no dice. He said he gave both sides numerous opportunities to address the issue and the rules don't allow him to change his order, absent a clerical or mathematical error.
The Judgment has been publicly filed. In addition to the five years in prison, followed by five years on supervised release (similar to parole) and 450 hours of community service, Cameron was fined $25,000. and ordered to forfeit $300,0000. as proceeds of his crime. And the specific conditions of his supervised release are really onerous: [More...]
They include in-patient drug treatment if recommended by the probation department, and once he's done with that, weekly individual therapy sessions, weekly group therapy and weekly AA meetings.
As for why he wouldn't be eligible for a camp right away, and why his lawyers wouldn't know that, I can only surmise either they have no space or they don't prvoide the medical or drug treatment the judge ordered (kind of perplexing since Lewisburg mini does have RDAP. The judge tacked on a recommendation of medical treatment if available. Maybe they don't provide the specific treatment that he needs. Without seeing the PSIR, it's just a guessing game. The Judge's recommendation reads:
It is recommended that the defendant receive medical treatment, substance abuse treatment and counseling while incarcerated if available. It is also recommended that the defendant be placed in the satellite camp at Lewisburg. It is also recommended that the defendant be placed in a substance abuse treatment program, i.e., RDAP program, while incarcerated, when the defendant becomes eligible for entry into such a program.
His attorneys yesterday asked the Judge to change it to:
Should the defendant not qualify for a minimum-security facility initially. the Court recommends he be designated to FCI Fort Dix to facilitate medical treatment and family visitation and that he be transferred to SPC Lewisburg for RDAP purposes at his earliest eligibility.
As to how much meth Cameron sold to the person who turned out to be an informant, according to the public version of the Government's sentencing letter, it was 10 to 15 pounds of crystal meth between 2006 and 2008 (before the guy turned informant.) Cameron didn't sell during the last half of 2008 or first half of 2009, until he ran into the guy at a hotel in NY, and not knowing he had been flipped by the feds, started dealing with him again. There were numerous recorded meetings and phone calls, and in July, 2009, Cameron agreed to sell him 1/2 pound of crystal meth for $15,000. Cameron had the drugged shipped overnight from California, and then gave it to the informant at the hotel.
The publicly filed judgment is only 6 pages and does not include the pages where it says how the judge computed the sentence or whether the defendant got a reduction for cooperation.
The only way Douglas could get out from under the 10 years was if the Government made a 3553(e) motion because he cooperated against others (perhaps his source in California) or if he met the requirements of the safety valve in 18 USC 3553(f)). The safety valve request is determined by the court, it doesn't need a motion from the Government, although the Government can try to block it by saying the defendant wasn't truthful in telling them everything he knew about his offense. And only the Government can file a 3553(e) motion, and the only ground is cooperation.
In the order Thursday denying the request to modify the request on prison designation, the Judge drops a little clue: He writes:
Also included in the Transcript of the April 20, 2010 sentencing and the Judgment is the legal authority for the various components of the sentence imposed. See. e.g., 18 U.S.c. 3553(a); 18 U.S.C. 3553(e); United States v. Medley, 313 F.3d 745,749 (2d Cir. 2002) ("[A] district court may impose a sentence of imprisonment below a statutory minimum for a drug crime if: (I) the government makes a motion pursuant to 18 U.S.C. § 3553(e)..."). Such a motion was made in this case.
As I've said all along, Cameron didn't get down to five years because of who his parents were; he got there for providing information about the misdeeds of others that the government can now use to snare his partners in crime.
The judge ended his refusal to change his recommendation as to place of incarceration by saying:
There were no arithmetical, technical, or other clear errors, omissions or oversights in the Judgment within the meaning of Rules 35 and 36 of the Federal Rules of Criminal Procedure and the application to amend the Judgment is, therefore, denied. See United States v. DeMartino, 112 F.3d 75, 79 (2d Cir. 1997) ("Rule 36 like Rule 35© does not authorize the court to amend the oral sentence itself or to modify the written judgment to effectuate an intention that the court did not express in its oral sentence.").
As to what the Judge recommended initially:
The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant receive medical treatment, substance abuse treatment and counseling while incarcerated if available. It is also recommended that the defendant be placed in the satellite camp at Lewisburg. It is also recommended that the defendant be placed in a substance abuse treatment program, i.e., RDAP program, while incarcerated, when the defendant becomes eligible for entry into such a program.
His lawyers wanted it changed to read:
Should the defendant not qualify for a minimum-security facility initially. the Court recommends he be designated to FCI Fort Dix to facilitate medical treatment and family visitation and that he be transferred to SCP Lewisburg for RDAP purposes at his earliest eligibility.
Lewisburg is an FCI (real prison) that has an adjacent satellite camp in PA, just below FCC Allenwood. FCI Ft. Dix is not a camp (it would be called FPC Ft.Dix), but a prison, just not as bad as a USP.
His lawyers had asked for a 42 month sentence since BOP starts putting inmates into the RDAP (residential drug program) when they are 27 or so months from release. Cameron, starting out at 60 months, won't get down to 27 for quite a while, and it appears he'll be in a medium security facility until then, unless some BOP officer wants to give him a break and then figures out how to do it.
Like I said, not a good day for Cameron.
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