Unfortunately, it has to be said that most judges and lawyers (particularly defense lawyers) are not familiar with Bureau of Prisons (BOP) considerations and practices that could negatively impact defendants throughout their incarceration. Indeed, that lack of knowledge may cause federal judges to impose sentences far more onerous than they intend without sufficient pushback from the defendants’ lawyers.

I, for one, was equally unaware of these prison designation nuances, despite having been a prosecutor and, after that, having practiced criminal defense work for over 30 years, primarily in the federal courts. And, equally surprisingly, even though I was a member of every criminal bar group, including the BOP Committee of the National Association of Criminal Defense Lawyers (NACDL).

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