Thursday, January 05, 2012

Exclusion of Medical Necessity Defense to Charge of Failing to Report to BOP Upheld

U.S. v. Doles, 2011 WL 6880779 (12/30/11) (Wyo.) (unpub'd) - The 10th upholds the refusal to admit evidence to support a medical necessity defense to a charge of failure to report to BOP following sentencing. The 10th says a BOP letter acknowledging the defendant's serious medical issues and stating it would be able to provide the care he required demonstrated the defendant was not faced with an imminent harm involving a real risk of death or serious bodily injury. Because, if you can't believe what the BOP says, who can you believe? And the defendant was not entitled to a good faith instruction, despite his contention he believed his only chance to challenge his illegal conviction was to leave the country and make a documentary film through which he could point out his conviction's illegality. The defendant's contention did not negate his willful and voluntary decision not to report.