United States v. Jones

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge Frederic Block

Praddy is serving a 15-year prison sentence pursuant to the court's November 2011 judgment. He was found guilty by a jury of racketeering and racketeering conspiracy, conspiracy to distribute 100 kilograms or more of marijuana, use of a firearm in furtherance of the distribution conspiracy, and four instances of small-scale marijuana distribution. The Bureau of Prisons (BOP) classified Praddy's security level as "high" and designated him to USP Big Sandy, a high-security facility in eastern Kentucky. His classification was based on an outdated presentence report (PSR) containing allegations rejected by the jury at trial and by the court at sentencing. The court noted that, while its post-sentencing role is closely circumscribed, it wrote its decision to bring the issue to the attention of the BOP in the hope that the agency will see to it that the mistake is corrected. The court also noted that the revised PSR was completed in December 2011 and added that it is unclear whether the revised PSR was ever sent to the BOP. The court therefore recommended in the strongest terms that its limited role allows that the BOP reconsider Praddy's security classification in light of the revised PSR and the court's memorandum.

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