Free Order on Motion to Modify Conditions of Release - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

9 United States of America, 10 11 12 Carolyn Ann Harris Reed, 13 Defendant. 14 15 16 v. Plaintiff,

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CR 03-0421-PHX-SMM

ORDER

Pending before the Court is Defendant Carolyn Ann Harris Reed's Third Request to

17 Reset Self-Surrender Date. (Dkt. 537.) 18 On September 6, 2005, Defendant was ordered to serve a stipulated term of sixty

19 (60) months imprisonment. (Dkts. 502, 505 at 1.) In accordance with that sentence, 20 Defendant was ordered to self-surrender for service of her sentence at the institution 21 designated by the Federal Bureau of Prisons or United States Marshal on November 18, 22 2005. (Dkt. 505 at 4.) 23 In an Order filed November 3, 2005, the Court extended Defendant's self-surrender

24 date from November 18, 2005, to January 10, 2006. (Dkt. 524.) The Order made clear 25 that Defendant's request for extension was granted for only two reasons: (1) a petition to 26 appoint Defendant's mother as guardian of her three children had not yet been granted; 27 and (2) as of October 31, 2005, Defendant still had not been designated for a facility 28
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1 placement. (Id.) The Order also made clear that Defendant's filing of an appeal and plans 2 to file a Rule 2255 motion did not constitute good cause to extend her self-surrender date. 3 In an Order filed January 4, 2006, the Court extended Defendant's self-surrender

4 date from January 10, 2006 to January 17, 2006. (Dkt. 532.) Defendant's second request 5 to reset her self-surrender date to February 28, 2006, was based on four reasons: (1) more 6 time was needed to obtain transcripts from a sealed hearing to support her appeal and 7 section 2255 Motion; (2) more time was needed to get her children situated, even though 8 guardianship was awarded to her mother in December 2005; (3) more time was needed to 9 get her son situated in a "therapy/counseling program" scheduled to begin on January 5, 10 2006; and (4) more time was need for Defendant to receive treatment for depression and 11 stress. (Dkt. 531.) The Court recognized that terms of incarceration are hardest on the 12 family members of the defendant convicted of any crime, but found that none of these four 13 reasons constituted good cause to extend Defendant's self-surrender date. (Dkt. 532.) 14 Because of the time required to evaluate and consider Defendant's request, however, the 15 Court granted Defendant a seven-day extension of the self-surrender date, but made clear 16 that no further extensions would be granted. (Id. at 3.) 17 In the instant motion, Defendant requests that her self-surrender date be extended

18 for 45 days because a clinical evaluation of her son is scheduled to be conducted by 19 CONTACT Managed Care on January 12, 2006, and a behavioral health consultant who 20 has examined Defendant's son believes it would be in her son's best interest for Defendant 21 to participate in any resulting treatment recommendations. (Dkt. 537.) 22 The Court does not question the behavioral health consultant's statement that

23 Defendant would provide the necessary support to ensure that her son complies with any 24 treatment recommendations. However, this situation does not constitute good cause to 25 reset Defendant's self-surrender date. A s detailed in the January 4, 2006 Order, the 26 Court has provided Defendant ample time ­ more than four months from the date she was 27 sentenced ­ to make the necessary adjustments and accommodations in light of her 28
Case 2:03-cr-00421-SMM Document 539

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1 impending sentence of incarceration. (Dkt. 532 at 2-3.) As guardianship of Defendant's 2 son has been awarded to her mother, the circumstances are such that Defendant must now 3 begin her sixty-month period of incarceration. 4 5 Accordingly, IT IS HEREBY ORDERED DENYING Defendant's Motion to Reset Self

6 Surrender Date (Third Request). (Dkt. 537.) 7 IT IS FURTHER ORDERED that Defendant Carolyn Ann Harris Reed shall self-

8 surrender for service of sentence at the institution designated by the United States Marshal 9 on January 17, 2006. 10 IT IS FURTHER ORDERED that this Order shall be served on both (1) the

11 United States Marshals Service, District of Arizona, Sandra Day O'Connor Courthouse, 12 Suite 270, and (2) The Federal Bureau of Prisons by facsimile to (602) 514-7135. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-00421-SMM Document 539

DATED this 11th day of January, 2006.

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