United States v. Lavoris F. Martin
877 F.3d 1035
| 11th Cir. | 2017Background
- Lavoris F. Martin pleaded guilty to conspiracy to possess with intent to distribute ≥500g cocaine and was sentenced to 60 months imprisonment plus 4 years supervised release.
- Years into his sentence Martin filed a pro se motion asking the sentencing court to recommend to the Bureau of Prisons (BOP) that he be placed in a residential re-entry center (RRC) 12 months before his release to aid reintegration.
- The district court denied Martin’s request for a judicial recommendation to the BOP.
- Martin appealed the denial to the Eleventh Circuit seeking review of the district court’s refusal to issue the non-binding recommendation.
- The Eleventh Circuit considered whether refusal to issue a non-binding recommendation to the BOP is a final, appealable order under 28 U.S.C. § 1291.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a district court’s request/recommendation to the BOP for RRC placement is a final, appealable order | Martin argued the denial should be reviewable on appeal | The government argued such recommendations are non-binding and not final decisions subject to appellate review | Court held the denial is not a final order; appellate jurisdiction lacking and appeal dismissed |
Key Cases Cited
- United States v. Melendez, 279 F.3d 16 (1st Cir. 2002) (refusal to recommend BOP placement not reviewable because recommendation is nonbinding)
- United States v. Yousef, 327 F.3d 56 (2d Cir. 2003) (recommendations to BOP are neither final decisions under § 1291 nor final sentences under § 3742)
- United States v. Serafini, 233 F.3d 758 (3d Cir. 2000) (recommendation for community confinement is not a final, appealable order)
- United States v. De La Pena-Juarez, 214 F.3d 594 (5th Cir. 2000) (non-binding recommendation to BOP is not an appealable order)
- United States v. Kerr, 472 F.3d 517 (8th Cir. 2006) (non-binding recommendation to BOP is not reviewable)
- United States v. Ceballos, 671 F.3d 852 (9th Cir. 2011) (recommendation to BOP is not part of the sentence nor a final order for appeal)