u.s. Department of Justice
Federal Bureau of Prisons

Dublin, California 94568

Office of the Regional Director

-

W··g~D

November 15, 1996

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for October 1996

.... CASES OF INTEREST ......

NINTH CIRCUIT MATTERS:
Downey v. Crabtree (October 25, 1996) Ninth Circuit upheld
District Court determination that BOP Program Statement defining
"Crimes of Violence" inappropriately determined some offenses as
crimes of violence and as basis for ineligibility for reduction
of sentence under 18 U.S.C. §3621(e). Downey was convicted of 21
U.S.C. §841 with a two-point enhancement. Circuit determined that
judicial review of the agency's interpretation of 3621 was
appropriate and then analyzed the agency's method of statutory
interpretation, finding that if the agency adopted the definition
"crime of violence" from 18 U.S.C. §924(c) in defining "nonviolent offense" then it was required to follow existing case
law, as to what are violent or non-violent crimes. Further, the
Circuit held that only the instant offense may be examined in
determining eligibility for the sentence reduction, not other
information in the pre-sentence report or prior criminal acts.
Graham v. U.S., reversal of District Court's determination that

the Bureau properly sent an administrative tort claim denial
letter to a DUB inmate/claimant rather t~an her attorney.
Although Eighth Circuit caselaw supported both the Dissent and
the District Court in Graham, the civil ~ivision and Solicitor
General decided against appeal of the NiJ th Circuit ruling.
Kalka v . Harrison . et aI, dismissal of i J mate,s appeal of Bivens
action alleging deliberate indifference ~ o serious medical need
at TCN for failure to comply with appellate procedure.
Sims v. BOP. et al., appeal denied for f l ilure to state a claim.
This was a Bivens action alleging 6th Amj1ndment and due process
issues, stemming from FBI search warrant executed during
investigation into TCN inmate's attempted murder of another
inmate. District Court had denied the in~ate's motion for
temporary restraining order and granted the government's Motion
for Summary Judgment.

DISTRICT COURT MATTERS:
3621(e) Litigation
District of Arizona:
Spear v. Floyd , government's opposition to the Magistrate's
Report and Recommendation withdrawn based on the decision in
Downey.
District of Oregon:
Mark White v. Crabtree, 21 U.S.C. §841 conviction with two-point
enhancement.
Stipulated Order entered October 18 , 1996.
Donald Henry v. Crabtree , 21 U.S . C. §841 conviction with twopoint enhancement . Order pending.
Bruce Morse v. Crabtree, 18 U.S.C. §922(g) conviction. Stipulated
Order entered October 18, 1996.
Simon Cort v. Crabtree
Sullenger v. Crabtree
Martin v. Crabtree
All above petitioners are convicted of unarmed bank robbery
offenses. On October 21, 1996 Judge Haggerty held a hearing to
2

consider challenge to BOP determination denying eligibility for
sentence reduction. Sullenger was ordered into halfway house for
30 days pending Court's decision . On October 24 , 1996, Judge
Haggarty issued orders upholding the Bureau's position in
Sullenger and Martin. The parties have advised the Court of the
Downey decision and a revised order is possible.
Central District of California:
Reddic v. u.S. (LOF) , 18 U.S.C. §922(g) conviction with prior
bank robbery.
Filed as 28 U.S.C. §2255 motion attacking
sentence.
Wofford v . Hayes (DUB), 21 U.S.C. §841 conviction with two-point
enhancement. Order to Show Cause issued to justify denial of
eligibility in light of Downey decision .
Other Litigation
Bailey et al. v . U.S., attempted class action by 21 inmates who
claim they contracted hepatitis and/or tuberculosis at LOM.
Administrative claims were denied, based partly on high-risk
behavior of the inmates.
Bradix v. Hayes, DUB inmate claims she was marched across the
compound wearing only a blanket. Settlement negotiations
proceeding.
Freelove v. Aponte , LOM inmate claims he was placed in cel l with
drug user and was not protected by staff after he gave them
information concerning an escape plot.
Lucas, Mercadel. and Douthit v. White, three former female DUB
inmates allege they were sexually assaulted and harassed by male
inmates and staff while housed in the FDC. U.S. Attorney's
Office exploring mediation.
TRIALS/HEARINGS:
Ramirez-Pacheco v. Reno, EEO action transferred from District of
Columbia filed by former physician who claims he was harassed at
FPC Lompoc because of his nationality. Trial set for January 21,
1997.
3

u.s.

v. Mugrage, trial for murder of fellow LOM inmate set for
November 12, 1996. A staff member died of a heart attack while
responding to this incident.
RELIGION:
Low v. Clarke-Cain, Religious Freedom Restoration Act case in
which inmate sought injunctive relief for practice of Satmar sect
of Hasidic Judaism at BRN. The District Court ruled on cross
motions for summary judgment. Major issues regarding access to a
Mikveh and a Minyan were resolved in favor of the Bureau of
Prisons. The Court determined trial is necessary on one or more
issues regarding requests for a Sefer Torah, access to other
religious books, access to prayer space, access to an in-room
sink, and Passover accommodations. Trial was reset for January
7, 1997. We also anticipate a motion for an order that Low be
placed in a community corrections center for Hanukkah.
Gainey v. Reno, previously reported EEO case filed by staff at
TCN alleging discrimination based upon Native American religion
and heritage. Plaintiff has filed Request for Admissions.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
SETTLEMENTS: None
MISCELLANEOUS MATTERS: None
ENVIRONMENTAL MATTERS:
LOM was assisted by Commercial Law Branch with response after
receiving a Notice of Violation from the Santa Barbara County Air
Pollution Control District for a missing gasket on a gasoline
tank cap. The fine will be contested.
The Base Realignment and Closing Commission met at LOM October
17, 1996. Monitoring tests at Wood Dump site yielded no adverse
findings.
PHX met with FBI regarding cleanup of the joint-operated firing
range. Preliminary discussions concern extent of clean-up
4

required for area and apportionment of responsibility and cost
between various user agenci es.

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 2 1
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT OF INMATE: None
ASSAULT OF STAFF: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
u.S . v. Carlos Miranda and Chris Anderson, trial date
continued for 19 93 inmate murder at LOM.

INTRODUCTION/POSSESSION OF CONTRABAND:
Former staff member Ron Smith sentenced October 21, 1996 to 57
months, 2 years supervised release for introducing drugs into
LOM.
u . S . v. Henry Houston, LOM inmate found guilty of narcotics
possession September 4, 1996. Sentencing November 18, 1996.
PROPERTY: None
WEAPONS: None

3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)

5

"

ASSAULT OF INMATE:
Assault cases from LOM, all declined:
HAZZARD, Kevin
JOHNSON, Joseph
OAKLEY, Bruce
ESTRELLA, Joey
HELMS, John
HOWARD, Detrara
LEE, Thomas
Assault cases from PHX:
MCFARLAND, Roshawn
JAMMERSON, Ronnie
NGUYEN, Dung
AGUILAR, Jose
ASSAULT/THREAT OF STAFF:
GOMEZ-DIAZ, Jose (TCN)
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
MAYFIELD, Michael (TRM) marijuana possession - declined
TEJEADA, SERGIO (SHE) possession of heroin
JAMES, Jeremy (PHX)
REED, Eddie (PHX)
MAESTAS, Ted (LOM) syringe - declined

PROPERTY: None
WEAPONS:
Possession of weapons cases from LOM, all declined:
BOUSQET, Eugene
SPRATT, Zachary
MOORE, William
BROOME, Dana
RODRIGUEZ, Tommy
6

•
NUNEZ, Marco
KINARD, Maurice

--

STATISTICS

«

JAN
71
107
2
173
0

Tort Claims:
Received

Closed
Reconsidered

Pending

FEB
52
69
2
158
3

MAR

40
59
1
140
0

APR
66
39
0
167
0

MAY

JUN

75
90
1
153
0

51
54
0
148
3

JUL
52
65
0
135
7

AUG
40
36
1
140
4

SEP
56
65
0
131
0

OCT
48
39
3
142
5

Over 6 Mo.
*Physical count confirmed with database

NOV

Investigations Pending Over 60 Days:

LOM
11

LOF
0

LOS
15

NEL
0

PHX
3

SAF
0

SDC
1

SHE
0

TRM
1

TCN
0

TOTAL
34

JAN
25
41
138
98

FEB
37
47
128
56

MAR

APR
48
48
120
55

MAY

JUN

III

III

59

61

AUG
34
41
87
43

SEP
28
42
73
20

OCT
25
44
54
11

DEC

33
33

JUL
24
41
94
51

NOV

33
42

FOI/PA Pending More than 30 Days 07/31/96:
BRN
DUB
LOM
LOF
LOS
NEL
PHX
SAF
SDC
SHE
0
1
0
0
2
0
1
1
0
1
*Does not include inmates transferred out of Region or CCMs.

TRM
1

TCN
0

TOTAL
7

BRN
0

DUB
3

FOILPA:
Received

Closed

34
42
120
52

Administrative Remedies:

JAN
89
Litig,ation:
Open Cases:
New Cases:

HC
FTCA
Bivens

Other
Closed
Lit Reports

FEB
87

MAR

JAN
346
24
8
5
10
1
11

FEB
346
12
6
2
4
0
12
6

84

APR
75

MAY

JUN

96

JUL
78

AUG
113

SEP
87

OCT
76

NOV

89

MAR

APR
341
12
10
2
8
1
4
9

MAY

JUN

344
11
8
1
2
0
8
6

268
24
16
1
5
1
8
9

JUL
271
19
13
2
3
1
16
7

AUG
278
16
12
1
3
0

SEP
294
21
15
1
5
0
5
6

OCT
311
23
9
4
3
0
6
7

333
11
5
2
4
0
24
5

7

9
4

DEC

NOV

DEC

DEC

U.S. Dcpartmcnt of .Justice
Federal Bureau of Prisons

Dublin, California 94568

December 23, 1996

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for November 1996

•• CASES OF INTEREST ••

NINTH CIRCUIT MATTERS:
U.S. v. Etherton (D. Or.) - BOP not a party. Court of Appeals
upheld District Court for reducing a violator sentence because of
the Sentencing Guideline reduction for marijuana cases. We are
exploring whether there are inmates in the Region serving
violator terms whose sentences might be affected/reduced under
this decision.
DISTRICT COURT MATTERS:
3621(e) Litigation
District of Arizona:
Spears v. Floyd (PHX) , habeas seeking year off for drug program
participation.
In light of the Downey decision, the U.S.
Attorney's Office rescinded its Opposition to the R&R which cited
to and held with Downey, and ordered the BOP to reconsider
eligibility. However, one fact overlooked in earlier pleadings is

that inmate has never completed the DAP program, so he isn't
eligible.

District of Oregon:
Wilson v. Crabtree (SHE), inmate ineligible for sentence
reduction due to halfway house ineligibility. Motion to dismiss
filed.
Inmate has not completed residential drug abuse treatment
program.
Peters v. Crabtree (SHE),inmate ineligible for sentence reduction
due to prior conviction for robbery.
Cagle v. Crabtree (SHE), inmate ineligible for sentence reduction
due to prior conviction for robbery.
Northern District of California:
Dorsey v. Hayes (DUB), violation of 18 U.S.C. §922(g), felon in
possession of a firearm.
Court ordered one-year reduction
November 21, 1996. Litigation Branch notified.
Other Litigation
Lucas. Mercadel. and Douthit v. White (DUB), three former female
inmates allege they were sexually assaulted and harassed by male
inmates and staff while housed in the FDC at Dublin. Due to the
conflict in the potential prosecution of former staff by the u.s.
Attorney's Office in San Francisco, the case will be handled by
DOJ. Both sides have agreed to mediation.
Nicolaysen and Parker v. United States (LOS), FTCA action filed
in C.D. Cal. re assault of attorney by inmate client at MDC Los
Angeles. General Counsel notified of our opposition to proposed
settlement 11/27/96.
Shorty v. Crabtree (SHE), habeas petition alleging violation of
rights during DHO hearing related to acts of rioting and
2

destruction of government property at FCI Greenville.
TRIALS/HEARINGS:
Cort and Parmalee v. Benov et ale (SDC) , Bivens action re
rejection of publication "How to Win Prison Disciplinary Cases."
Defendants include Attorney General, Director, two Regional
Directors, General Counsel, and nine Wardens. Hearing on
Defendants' Motion to Dismiss December 16, 1996.

Ramirez-Pacheco v. Reno (LOM) , EEO case filed by former physician
who claims he was harassed at FPC Lompoc because of his
nationality. Trial January 21, 1997.
u.s. v. Rodney Anderson (LOS), former MDC staff member found
guilty of bribery, conspiracy to traffic in drugs and conspiracy
to commit murder for hire following trial on November 5, 1996.
RELIGION:
Low v. Clarke-Cain (BRN) , Religious Freedom Restoration Act case
in which inmate sought injunctive relief for practice of Satmar
sect of Hasidic Judaism. Trial rescheduled for January 7, 1997.
No motion for an order that Low be placed in a community
corrections center for Hanukkah has been received.
Gainey v. Reno (TCN), EEO case filed by staff member alleging
discrimination based upon Native American religion and heritage.
Discovery underway by plaintiff with January 18, 1997 cut-off
date. six depositions are scheduled for early December at Tucson,
with more to follow, according to AUSA/plaintiff.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
SETTLEMENTS: None
MISCELLANEOUS MATTERS: None
ENVIRONMENTAL MATTERS:
3

Santa Barbara County Air Pollution Control District inspected the
new boiler at LOM on November 25, 1996.

CRIMINAL CASE TRACKING

1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 17
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
u.s. v. Carlos Miranda and Chris Anderson, trial date
continued indefinitely for 1993 inmate murder at LOM.
u.S. v. Larry Dean Mugrage, murder of LOM inmate in which
staff member died of a heart attack responding. Trial January
6, 1997.

INTRODUCTION/POSSESSION OF CONTRABAND:
u.s. v. Henry Houston, LOM inmate found guilty of narcotics
possession September 4, 1996. Sentenced to 24 months November
18, 1996.
PROPERTY: None
WEAPONS:
MARCHANT, Bruce, Reg. No. 01132-078 (LOM) , possession of
weapon.

4

3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
FISH, Bernard, Reg. No. 03746-089 (LOM) , declined.
HESS, Stanley, Reg. No. 06621-097 (LOM) , declined.
BEYER, Reg. No. 04506-027 (PHX), pending
CRISP, Reg. No. 05252-097 (PHX), pending
GARCES, Reg. No. 13229-016 (PHX), pending
RICARDS, Reg. No. 42685-053 (PHX) , pending
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
ESCALANTE, Francisco, Reg. No. 97730-012 (LOS), possession of
heroin.
RODAS-ZAMBRANO, Victor, Reg. No. 07779-112 (LOS), possession
of heroin.
DEARTH, Andrew, Reg. No. 22862-034 (LOM), hype kit, declined.
CASTANEDA, Frank, Reg. No. 34778-136 (LOM) , amphetamines,
declined.
DeANGELO, Don, Reg. No. 13701-047 (LOM), urinalysis, declined.
PROPERTY: None
WEAPONS:
Weapons possessions cases from LOM declined:
MARCHANT, Bruce, Reg. No. 01132-078
BOUSQUET, Eugene, 99836-011
FISH, Bernard, 03746-089
SCANDRETT, Darian, Reg. No. 03535-033
TURNER, William, Reg. No. 06929-097

••

STATISTICS

~~

5

JAN

FEB

MAR

APR

MA Y

JUN

JUL

AUG

SEP

OCT

NOV

71

52
69
2
158
3

40
59
1

66
39
0
167
0

75
90
1
153
0

51
54
0
148
3

52
65
0
135
7

40
36
1
4

56
65
0
131
0

48
39
3
142
5

36
34
1
145
4

Cl osed

107

Reconsidered

2
1 73
0

Pending

Over 6 Mo.

140
0

140

Investigations Pendi ng Over 60 Days :

BRN

DUB

LaM

LOF

LOS

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

0

7

9

0

12

0

5

0

2

1

0

1

37

FOILPA:

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

Received

25
41
138
98

37
47
1 28
56

34
42

48
48

33
42

33
33

120

120

III

III

52

55

59

61

24
41
94
51

34
41
87
43

28
42
73
20

25
44
54
11

36
36
54
15

FOI/PA Pending More than 30 Days:
BRN
DUB
LaM
LOF
LOS

NEL

PHX

SAF

SDC

SHE

TRM

TCN

TOTAL

1

0

9

Closed
Pending

30 days

0

0
0
0
3
1
0
1
1
2
*Does not include inmates transferred out of Region or CCMs .

DEC

Administrative Remedies:

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

89

87

84

75

89

96

78

113

87

76

80

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

346
24
8
5
10

346
12
6
2
4
0
12
6

333
11
5
2
4
0
24
5

341
12
10
2

344
11
8
1
2
0
8
6

268
24
16
1
5
1
8
9

271
19
13
2
3
1
16
7

278
16
12
1
3
0
9
4

294
21
15
1
5
0
5
6

311
23
9
4
3
0
6
7

322
13
9
4
0
0
2
2

Open Cases :
New Cases:
HC
FTCA
Bivens
Other
Closed
Lit Reports

1

11

8

1
4
9

6

DEC

DEC

DEC

U.S. Department of Justice
Federal Bureau of Prisons

Dublin, Califomia 94568

January 9, 1997

MEMORANDUM TO WALLACE H. CHENEY,
ASSISTANT DIRECTOR/GENERAL COUNSEL
FROM:

Harlan W. Penn
Regional Counsel

SUBJECT:

Monthly Report for December 1996

•• CASES OF INTEREST ••

NINTH CIRCUIT MATTERS:

DISTRICT COURT MATTERS:
3621(e) Litigation
Davis Rice v. Hayes (DUB), petition filed old-law inmate for
denial of reduction by BOP and Parole Commission; Court .
dismissed action against BOP, citing Downey for proposition
that BOP has discretion to reduce the sentence of
3621(e)-eligible inmates.

Lord. Richard v . Crabtree CV 96-1674-HA
3621(e) habeas petition by inmate with 841 conviction with
2D1.1 enhancement.
Siguenza. Edward v. Crabtree CV 96-1601-AS
3621(e) for year off. Litigation report r~flects that
litigation should be ruled moot as inmate has been transferred
to Guam on home confinement.
Garcia. Gerado v. Crabtree CV 96-1506 HA
3621(e) challenging BOP determination re: non-eligibility for
sentence reduction due to inmates prior conviction for
robbery.
Hughes. Leroy v. Crabtree CV 96-1506-HA
3621(e) habeas petition by inmate with a 922(g) conviction.
Inmate may be an immediate release when Davis v. Crabtee
decision is rendered (released date with year reduction would
be 11/26/96) .
Wright. Michael v. Crabtree CV 96-1621-HA
3621(e) habeas petition by inmate found ineligible for
sentence reduction due to prior conviction for murder.
Kalai v. Crabtree CV 97-10 HA
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 922(g) conviction.
Sifuentes. Oscar v. Crabtree CV 96~1699 HA
3621(e) habeas petition by inmate convicted of 841' violation
with a 2 point 2D1.1 enhancement for weap~ns.
Johnson. Jeffrey v. Crabtree CV
3621(e) habeas petition by inmate convicted of 841 violation
with a 2 point 2D1.1 enhancement for weapons.
Smith. Donald v. Crabtree CV
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 924~ conviction.
Putnam. John v. Crabtree CV
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 18 U.S.C. 2113(a) robbery
conviction.

Gruenwald. Greg v . Crabtree cv
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 924 ~ conviction.
Doyle v. Crabtree CV
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 18 U.S.C . 2113(a) robbery
conviction.
Voorhies . David v . Crabtree CV
3621(e) habeas petition by inmate found ineligible for
sentence reduction because of 18 U . S . C. 2113(a) robbery
conviction.

Other Litigation
Breen. Donald v. Crabtree CV 96-1361-CO (SHE)
Habeas petition challenging BOP's use of prior state
conviction in classification.
Kolar v. Reno CIV 96-426-TUC-JMR (TCN)
EEO/Title VII complaint alleging discrimination and
r e taliation by management at FCI Tucson against female staff
member based upon sex.
Bailey et a l . v . U . S. (LOF) , attempted class action by 21
inmates who claim they contracted hepatitis and/or
tuberculosis at LOM. Administrative claims were denied, based
partly on high-risk behavior of the inmates.
Interrogatories
submitted to all inmate plaintiffs January 6, 1997.
Lucas . Mercadel . and Dout hit v. White (DUB), three former
female inmates allege they we re sexually assaulted and
harassed by male inmates and s taff while housed in the FDC at
Dublin.
Initial mediation session held December 16, 1996.
Nicolaysen and Parker v . United States (LOS), FTCA action in
which the attorney plaintiff was assaulted with ballpoint pen
by inmate client at MDC Los Angeles. General Counsel
preparing memo for DOJ explaining our opposition to proposed

settlement.
Palmer v . Reno (SDC) , Bivens/FTCA action concerning fire at
Miramar (INS) Federal Detention Center. BOP defendants are
Director Hawk and Warden Stratman.

TRIALS/HEARINGS:
Cort and Parmalee v. Benov et al. (SDCi, Bivens action re
rejection of publication "How to Win Prison Disciplinary
Cases." Defendants include Attorney General, Director, two
Regional Directors, General Counsel, and nine Wardens.
Defendants' Motion to Dismiss under consideration.
Ramirez-Pacheco v. Reno (LOM) , EEO case filed by former
physician who claims he was harassed at FPC Lompoc because of
his nationality. Trial January 21, 1997.

RELIGION:
Gainey v. Reno (TCN) Prev iously reported. Staff member
alleges discrimination based on alleged status as Native
American. Depositions of several TCN staff were noticed by
plaintiff and took place December 10-13. Valerie Stewart and
Tom Byron attended depositions for BOP. Parties are
considering mediation and a motion is now before the Court.
Harvin v. BOP (LOF) , action filed by inmate who alleges he is
Native American and claims he is being denied religious
practices.
Issue is whether other Native American inmates
requested his exclusion from the Sweat Lodge ceremony.
Low v. Clarke-Cain (BRN) , Religiou~ Freedom Restoration Act
case in which inmate sought injunctive- relief for practice of
Satmar sect of Hasidic Judaism. Trial January 21, 1997.

MEDICAL MALPRACTICE TORT CLAIMS and LITIGATION REFERENCING GAO
REPORT ON AGENCY MEDICAL CARE: None
SETTLEMENTS: None
MISCELLANEOUS MATTERS: None

ENVIRONMENTAL MATTERS: None

CRIMINAL CASE TRACKING
1. TOTAL CRIMINAL CASES REFERRED THIS MONTH: 12
2. CRIMINAL CASES ACCEPTED FOR PROSECUTION AWAITING TRIAL/
DISPOSITION:
ASSAULT: None
ESCAPE: None
FRAUD/FORGERY: None
HOMICIDE:
U.S. y. Carlos Miranda and Chris Anderson, trial date
continued indefinitely for 1993 inmate murder at LOM.
U.S. v. Larry Dean Mugrage, murder of LOM inmate in which
.
staff member died of a heart attack responding. Trial January
6, 1997.
INTRODUCTION/POSSESSION OF CONTRABAND: None

PROPERTY: None
WEAPONS: None

3. CRIMINAL MATTERS REFERRED (MATTERS DECLINED ARE NOTED)
ASSAULT:
MAKLE, Joseph, Reg. No. 28274-037 (LOM) , declined.
VILLEGAS, Carlos, Reg. No. 92397-012 (LOM) , pending.
ESCAPE: None

FRAUD/FORGERY: None
HOMICIDE: None
INTRODUCTION/POSSESSION OF CONTRABAND:
WAGNER, John, Reg. No. 01968-025 (LOM) , declined.
JOHNSON, Kenneth, Reg. No. 25342-013 (PHX)
BLANKENSHIP, Ernest, Reg. No. 36555-136 (SHE)
GILMORE,McCorl, Reg . No. 81351-011 (SHE)
NEWSOME,James, Reg. No. 78957-012 (SHE)
PROPERTY: None
WEAPONS:
Weapons possessions cases from LOM declined:
WAGNER, John, Reg. No. 01968-025
SYLVESTER, Lance, Reg. No. 03442-097
McMOARN, Curtis, Reg. No. 58848-065
SCOTT, Shane, Reg. No. Reg. No. 60551-065
SIMMONS, Robert, Reg. No. 62317-198

•

••

STATISTICS

Tort Claims: JAN
DEC
Received
71
107
Closed
Reconsidered
2
Pending
173
Over 6 Mo.
0

....
APR

FEB

MAR

52
69
2
158
3

40 66 75
59 39 90
1 0 1
140 167 153
0 0 0

Investigations Pending Over 60 Days:
LOS
BRNDUB
LOM LOF

MAY

JUN

JUL

51
54
0
148
3

52.
65
0
135
7

40
36
1
140

4

AUG

56
65
0
. 131
0

SEP

OCT

48
39"
3
142
5

54
36
34 . 58
0
1
145
141
4
10

4

NOV

NEL

PHX

SAF

SOC

SHE

TRM

0

13

0

8

0

2

2

0

1

48

FO/IPA:
DEC

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

Received
Closed 41
Pending
30 days 98

25
47
138
56

34 48 33
37
42 48 42 33
120 120 111
128
52 55 59 61

33
41
111
51

24
41
94
43

34
42
87
20

28
44
73
11

25
36
54
15

36
56

38

54

36

NEL

PHX

SAF

SOC

SHE

TRM

TCN

TOTAL

1

0

0

1

0

0

0

3

NOV

DEC

8 14

0

FOIIPA Pending More than 30 Days:
LOS
BRN DUB
LOM LOF

00

0

1

0

TOTAL

TCN

8

*Does not include inmates transferred out of Region or CCMs.
Administrative Remedies:
JAN
MAR
FEB

89
Litigation:
DEC
Open Cases:

87

APR

84 75 89

MAY

JUN

JUL

AUG

SEP

OCT

96

78

113

87

76

80

MAY

JUN

JUL

AUG

SEP

OCT

NOV

268

271

278

294

311

322

19

16
15
1
3
0
9
4

23·
9
4
3
0

13
22
"4

6

2
2

JAN

FEB

MAR

APR

346

346

333

341 344

24
6
5
10
1
11

12
5
2
4

11
10
2
4
0
24
5

344
New Cases:

HC

8

FTCA
Bivens
Other
Closed
Lit Reports

0

12
6

12
816
2
8
1
4
9

1124
13
1 1
2 5
0 1
8 8
6 9

12
2
3
1
16
7

21
9
. 1
5
0

5
6

7

0
0

-

25
0

2
1
3
8