| Defendant
Scott Was Allowed Rare Alford Plea Now
Time Served After Banked Time Opinion
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 23 – Curtis Scott had a
change of plea proceeding
scheduled for July 21 - but he
did not want to admit guilt.
Ultimately, he was not
required to.
U.S. District Court for the
Southern District of New York
Judge Richard M. Berman held
the proceeding. Inner City
Press covered
it.
The request was
that Scott be permitted to
make a rare Alford plea, under
North Carolina v. Alford, 400
U.S. 25 (1970).
That is,
Scott consented to the
imposition of a prison
sentence. The US Attorney's
Office put in a Bronx grand
jury indictment about guns and
more.
Judge
Berman accepted the Alford
plea.
Then, a strange
issue of "banked time" arose,
requiring inquiry with the
BOP's "Designation and
Sentence Computation Center"
in Grand Prairie, Texas -
which opined that "if [Scott]
was released to time served,
there would be no over-served
time." And so that's what was
done: time served, with four
years of supervised release.
The case is US v.
Scott, 09-cr-983 (Berman)
***
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