Self v. USA

Filing 49

ORDER denying 47 Motion for Civil Commitment. Signed by Senior Judge David G Campbell on 5/20/20. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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CV13-08199-PCT-DGC (JFM)
CR10-08036-PCT-DGC

Plaintiff/Respondent,

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No.

ORDER
v.
Richard Larry Self,
Defendant/Movant.

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Richard Self is confined in federal prison in Littleton, Colorado. The Court

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previously denied his 28 U.S.C. § 2255 motion to vacate his sentence in Case

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No. CR-10-08036. Doc. 35.1 Mr. Self has filed a motion for civil commitment. Doc. 47.

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Mr. Self was convicted by a jury on three counts of possession and three counts of

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transportation of child pornography. CR Doc. 90. He was sentenced to concurrent terms

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of 135 months for each transportation charge and 120 months for each possession

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charge – an effective sentence of 135 months. CR Docs. 95, 97. Federal Bureau of Prisons

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(“BOP”) records indicate Mr. Self will be released on July 7, 2020.

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Mr. Self asks the Court to order him civilly committed following his release from

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prison. Doc. 47.2 He seeks commitment because he has no intention of registering as a

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Citations to documents in the criminal case are denoted “CR Doc.” Citations are
to page numbers attached to the top of pages by the Court’s electronic filing system.
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Mr. Self also appears to argue the merits of his § 2255 Motion, alleging ineffective
assistance of counsel in his criminal trial. Doc. 47 at 1-3. The Court has repeatedly rejected
these arguments. See Docs. 25, 41, 43

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sex offender “for something he did not do,” and he will be homeless upon release. Docs. 47

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at 2-3, 48 at 1.

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Mr. Self presents, and the Court has found, no authority under which the Court could

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grant the relief he requests. His § 2255 action does not authorize the Court to order civil

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commitment. BOP prisoners may be civilly committed before their release if they are

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certified “sexually dangerous” under 18 U.S.C. § 4248, but neither the Attorney General

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nor the BOP Director has made the requisite certification. See § 4248(a).

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The Court acknowledges the difficult situation Mr. Self will be in upon his release

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from prison. But the Court simply has no authority to order him civilly committed. Mr.

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Self will have the opportunity to discuss his housing situation with his probation officer

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and seek assistance. He is reminded that he must abide by the conditions of his supervised

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release, and must report to the probation office in the district where he is released within 72

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hours of release from prison. See CR Doc. 97 at 2.

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IT IS ORDERED that Defendant’s motion for civil commitment (Doc. 47) is
denied.
Dated this 20th day of May, 2020.

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