UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 06-cr-161-JD

Eugene Williams

O R D E R

On March 11, 2008, Eugene Williams pleaded guilty to drug

charges, and he was sentenced in August of 2008 to serve ninetysix months in prison followed by a three-year term of supervised

release. The court recommended that Williams participate in an

intensive drug education and treatment program and that at the

appropriate time, the Bureau of Prisons consider releasing

Williams into the Delancy Street Foundation Program. After his

“Motion to Address Sentencing Issue” was denied on September 15,

2009, Williams sent a letter, which was docketed as a motion to

amend the judgment with respect to his sentence. The court

directed United States Probation and Pretrial Services to respond

to Williams’s motion, and the response has been filed.

Discussion

In his motion, Williams explains that he is serving his

sentence at the Federal Correction Institution in Fairton, New

Jersey (“FCI-Fairton”), where he has participated in the “Life

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Skills Programs” but that he needs a drug rehabilitation program. 

Williams represents that he has spoken with Dr. Rodondo, the

coordinator of the “500 Hour Residential Drug Abuse Program” at

FCI-Fairton, who told Williams that the Program would not help

him because it provides only four hours of treatment each day,

leaving Williams in the same prison population the remainder of

the time. Williams further represents that Dr. Rodondo

recommended that Williams have long-term treatment, for a minimum

of two years, with constant supervision. 

Williams argues that if he were released after serving his

96 month sentence to a two-year drug treatment program such as

the Delancy Street Foundation Program, his sentence would

effectively be increased to 120 months. He asks that the

judgment be amended to reduce his sentence by 24 months and that

a two-year minimum drug program be added as part of his

supervised release. As such, Williams requests that the terms of

his sentence be changed.

In response to Williams’s motion, a probation officer

contacted Dr. Rodondo at FCI-Fairton. Dr. Rodondo confirmed that

he has met with Williams several times to discuss his eligibility

for the 500 Hour Program, that Williams was eligible to

participate in the program but decided not to participate when he

learned that because of prior convictions, he would not earn a

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sentence reduction through participation. Dr. Rodondo stated

that he did not tell Williams that he would not benefit from the

500 Hour Residential Drug Abuse Program and, to the contrary,

told him that the 500 Hour Residential Drug Abuse Program would

increase his chance of success in a community-based program after

he is released from prison. The probation officer also notes

that the procedural posture of this case precludes the relief

Williams seeks.

In essence, Williams requests a modification of his sentence

to incorporate the time he would spend in a drug treatment

program. The court’s authority to modify a term of imprisonment,

after it has been imposed, is limited to the circumstances

provided in 18 U.S.C. § 3582(c). The grounds Williams provides

to support his motion do not state a basis for modification

cognizable under § 3582(c). In addition, the court notes that

Dr. Rodondo does not support Williams’s representations as to the

lack of benefit to him from the 500 Hour Residential Drug Abuse

Program available at FCI-Fairton.

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Conclusion

For the foregoing reasons, the defendant’s motion (document

no. 69) is denied.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

January 6, 2010

cc: Jennifer C. Davis, Esquire

John T. Pendleton, Esquire

Eugene Williams, pro se

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