USA v. Bateman

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
United States of America v. Tyler Chance Bateman
Case No. 3:18-cr-00042-TMB
By: 	THE HONORABLE TIMOTHY M. BURGESS
PROCEEDINGS: 	ORDER FROM CHAMBERS
This matter comes before the Court on Defendant Tyler Chance Bateman’s Motion for Release to
Partial 	Confinement 	(the “Motion”).1 Bateman, 	who 	is 	currently 	incarcerated 	at 	Federal
Correctional Institution (“FCI”) Sheridan, requests: (1) that prior CJA counsel Thomas E. Weaver
be reappointed for purposes of the Motion; and (2) an order authorizing him to be released to a
halfway house.2 For the reasons below, the Court GRANTS in part and DENIES in part the
Motion. As an initial matter, Thomas E. Weaver is appointed CJA counsel for purposes of the
Motion nunc pro tunc as of March 3, 2023.
On August 31, 2022, the Court sentenced Bateman to fourteen months’ incarceration and one year
of supervised release due to his violations of supervised release.3 The following day, in a separate
state case, Bateman was convicted of “one or more” felonies.4 Bateman maintains that he has yet
to be sentenced in this state case, and that he believes that his pending sentencing is the only factor
preventing his eligibility for release to a halfway house.5 Bateman submits that the judge in his
state case has “signed an Order on Bail While Waiting Sentencing” so that Bateman may “take
advantage of all programs available to him” while in the Bureau of Prisons’ (“BOP”) custody.6
BOP has reportedly declined to transfer Bateman to a halfway house.7
Bateman now seeks an order from the Court authorizing such a transfer.8 However, BOP policy
excludes “[i]nmates with unresolved pending charges, or detainers, which will likely lead to arrest,
conviction, or confinement,” from halfway house or home confinement placement.9 Because
Bateman is awaiting sentencing in his state case, that case remains unresolved, rendering him
ineligible to be placed by BOP into a halfway house. Therefore, the Court declines to issue an
1 Dkt. 205 (Motion).
2 Id. at 2.
3 Dkt. 178 (Petition to Revoke Supervised Release); Dkt. 197 (Minute Entry).
4 Dkt. 205 at 2.
5 Id.
6 Id.
7 Id.
8 Id.
9 U.S. DEP ’T OF J USTICE , FED. B UREAU OF P RISONS , P ROGRAM S TATEMENT ON C OMMUNITY
C ORRECTIONS C ENTER (CCC) UTILIZATION AND TRANSFER P ROCEDURE, § 10(f) (Dec. 16, 1998).
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order authorizing Bateman’s release to a halfway house, when such an order would violate BOP
policy.
Accordingly, the Court DENIES the Motion at Docket 205.
Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge.
DATE: March 27, 2023.
Case 3:18-cr-00042-TMB-MMS Document 206 Filed 03/27/23 Page 2 of 2