Home -> Law Blog Directory -> Legal Commentary Blogs -> New York Federal Criminal Practice
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: New York Federal Criminal PracticeEDNY Judge Recommends a BOP Designation to Community Confinement . . . and BOP Obliges
After the Second Circuit threw out the BOP?s rule limiting an inmate?s placement in a halfway house to the lesser of the last ten percent or six months of the sentence (Levine v. Apker, 455 F.3d 71 (2d Cir. 2006)), the BOP said that it would endeavor to honor a judge?s recommendation that a defendant be directly designated to a halfway house (also known as a residential re-entry center) for sentences of twelve months or less. But the skeptics among us wondered how often that would happen in practice. Well, in United States v. Iaria, 2008 WL 3842517 (E.D.N.Y. August 11, 2008) (Murray Law LLC?s case), EDNY Judge Weinstein sentenced the defendant to six months in custody, but at defense counsel?s request, agreed to recommend RRC designation. And lo, the BOP obliged, and Mr. Iaria ? a father convicted of illegal gambling, and therefore a very appropriate candidate for this placement ? has recently completed his sentence at an RRC in Brooklyn, which permitted him to maintain gainful employment throughout the custodial period.
In an era when our prisons are bursting at the seams with first-time, non-violent offenders, let?s hope more judges recommend direct designation to RCCs (or even impose probation with a condition of community confinement, so that the issue is not left to the discretion of the Bureau of Prisons).
Lawyers: JaneAnne Murray, Murray Law LLC (defendant); AUSAs Joseph Lipton, Roger Burlingame
Full post as published by New York Federal Criminal Practice on April 20, 2009 (boomark / email).
Baltimore Strip Search Class Action
Judge Gives Go-ahead
Canceled Insurance
Judge orders Health Net Inc. to pay $9 million settlement after terminating a policyholder's policy after being diagnosed with breast cancer.
Labor and Delivery
Judge awards mother $6 million medical malpractice settlement after baby was born with brain injuries.
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...

Judge Weinstein's magnum opus on jury rights
In Prosecutor Subway Series, EDNY Riding a Hot Streak
Judge Frederic Block: A Good Draw For Cioffi and Tannin
"Buried Alive: Solitary Confinement in Arizona's Prisons and Jails"
Legal Theory Blog Recommends . . .








