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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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