This blog shares another insight from our New York Times article about Hugo Mejia. You can read the full article [here]. It follows earlier posts about what actually influences sentencing outcomes—from the pre-sentence interview to what gets said in court. Today, we’re talking about one of the most overlooked pieces of the process: where you serve your time.
Before Hugo Mejia was sentenced, he and I talked about one small—but critical—decision: asking the judge to recommend a specific facility.
We weren’t guessing. We knew where he wanted to go. And why.
After the judge handed down 36 months, Hugo reminded his lawyer to ask for it. The judge agreed. Sheridan, Oregon. A low-security federal prison with a camp.
If he hadn’t spoken up, the Bureau of Prisons would’ve made the decision for him. That’s what happens to most people. They let the BOP decide. They end up far from their family. No relevant programs. Sometimes even the wrong security level. Then they call us asking what can be done.
Usually? Not much.
Here’s what most defendants don’t realize: the judge can make a placement recommendation, but only if you ask before sentencing is over. If your lawyer doesn’t raise it in court, it’s not going in the judgment. And the BOP won’t consider what’s not there.
Hugo’s request wasn’t about comfort. It was about stability. He had family nearby. He had support. He had a plan. And the BOP knew that because the judge put it in writing.
Facility matters. If you end up at a place that doesn’t offer the programming you qualify for, you miss opportunities. If you’re hours away from your family, you lose visitation. When you’re around people with different criminal backgrounds, it’s harder to stay on track.
I know. I’ve seen the difference firsthand.
At Taft, where I served my sentence, some guys requested the camp and got it. Others didn’t speak up and landed in places with harder reputations. It wasn’t always about security level—it was about who asked for what, and when.
Too many defendants leave this up to chance. They think they don’t have a say. Or they’re afraid to ask the court for anything beyond a lighter sentence.
Let me be clear: the judge won’t always say yes. But most will consider it. Especially if it’s tied to something that makes sense—family support, medical care, continuity of work, or post-release planning.
But they’re not going to guess what you want.
Your lawyer might tell you “the BOP doesn’t listen to those recommendations anyway.” Sometimes that’s true. But I’ve seen too many cases—like Hugo’s—where the judge’s recommendation actually mattered. It gave him a shot at the right placement. And it gave his support network a chance to stay involved during his sentence.
Even if the BOP ignores it, having it on record shows you took the process seriously. Judges see it. Probation sees it. And later, so will the people handling your file.
So here’s the question: if your sentencing is coming up, do you know where you want to serve your sentence? And does your lawyer know to ask?
Because once you leave the courtroom, the decision will be final.
Every Tuesday at 11AM Pacific / 2PM Eastern, I talk through how these decisions actually get made—and how to avoid the mistakes that lead to bad placements. If no one’s told you how this part works, that’s what we’re here for. Don’t assume the system will figure it out for you. It won’t.
Justin Paperny
