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UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

LEROY GREEN, 

 Defendant. 

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Case No. 3:17-cr-189 

Judge Thomas M. Rose 

 

______________________________________________________________________________ 

ENTRY AND ORDER DENYING “MOTION FOR RELEASE TO HOME 

CONFINEMENT PURSUANT TO THE CARES ACT” (DOC. 31) 

______________________________________________________________________________ 

This case is before the Court on the “Motion for Home Confinement pursuant to §3624(c) 

(2) Title 18” (Doc. 31) (the “Motion”) filed by Leroy Green (“Green”) Green is currently 

incarcerated at USP McCreary in Kentucky. 

 In the Motion, Green, acting pro se, asks that this Court “place [him] in Home 

Confinement” pursuant to the CARES Act1

 because he is vulnerable to COVID-19 (Doc. 31 at 

PAGEID #118). Thus, Green asks that the Court order the Bureau of Prisons (“BOP”) to change 

the place where his sentence will be served from USP McCreary to his home. 

The Court lacks authority to grant Green’s request. It is the BOP that has the authority to 

determine the place of a defendant’s confinement, not the courts. 18 U.S.C. § 3621(b) (“The 

Bureau of Prisons shall designate the place of the prisoner’s imprisonment ...”); United States v. 

Jalili, 925 F.2d 889, 894 (6th Cir. 1991) (“While a judge has wide discretion in determining the 

length and type of sentence, the court has no jurisdiction to select the place where the sentence 

1

 The CARES Act is the Coronavirus Aid, Relief and Economic Security Act, Pub. L. No. 116-136, 134 Stat. 281 

(Mar. 27, 2020). 

Case: 3:17-cr-00189-TMR Doc #: 32 Filed: 06/24/20 Page: 1 of 3 PAGEID #: 120
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will be served. Authority to determine place of confinement resides in the executive branch of 

government ... and is delegated to the Bureau of Prisons”) (quoting United States v. Dragna, 746 

F.2d 457, 458 (9th Cir. 1984)); United States v. Townsend, 631 F. App’x 373, 378 (6th Cir. 2015) 

(“The BOP, not the court, is responsible for designating the place of a prisoner’s imprisonment ... 

[a]ccordingly, the district court did not err in concluding that it could not split [defendant’s] 

mandatory sentence between a BOP facility and home confinement because that decision is solely 

confided to the BOP”). 

The CARES Act did not change this fact. See CARES Act, Pub. L. No. 116-136, at Div. 

B., Title II, § 120003(b)(2)2

; United States v. Rocha-Ayon, No. 2:17-cr-48, 2020 U.S. Dist. LEXIS 

80616, at *1-2 (S.D. Ohio May 7, 2020) (denying defendant’s motion to order the BOP to permit 

him to serve the remainder of his sentence on home confinement, and collecting cases); United 

States v. Ralston, No. 3:13-cr-105, 2020 U.S. Dist. LEXIS 89106, at *2-3 (W.D. Ky. May 21, 

2020) (explaining that the CARES Act expanded the period of home confinement that the Director 

of the BOP can authorize for a prisoner during the COVID-19 emergency period, finding that 

courts have no authority under the CARES Act to order that a prisoner be placed on home 

confinement, collecting cases, and explaining how a prisoner may be able to seek court review of 

the BOP’s decision but would first need to exhaust administrative remedies). Therefore, the 

Motion must be denied. 

IT IS SO ORDERED. 

2

 That provision states: “During the covered emergency period, if the Attorney General finds that emergency 

conditions will materially affect the functioning of the [BOP], the Director of the [BOP] may lengthen the maximum 

amount of time for which the Director is authorized to place a prisoner in home confinement under the first sentence 

of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate.” 

Case: 3:17-cr-00189-TMR Doc #: 32 Filed: 06/24/20 Page: 2 of 3 PAGEID #: 121
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June 24, 2020 

*s/Thomas M. Rose 

 ________________________________ 

THOMAS M. ROSE 

 UNITED STATES DISTRICT JUDGE 

Case: 3:17-cr-00189-TMR Doc #: 32 Filed: 06/24/20 Page: 3 of 3 PAGEID #: 122