by Adrienne Rockenhaus
The Sentence Judge Stephen J. Murphy III Gave Conrad Rockenhaus is Legally “Unreasonable”
Sentencing a Traumatic Brain Injury (TBI) patient to FCI Milan isn’t just a bad idea; it is a violation of the Bureau of Prisons’ own classification system.
The incapacity isn’t “speculative.” It is a matter of written federal policy. Yet Warden Eric Rardin and Associate Warden Mary Strassel, refuse to transfer him to an appropriate VA medical facility, because doing so would force them to admit what the U.S. Marshals did to my disabled veteran husband, Conrad Rockenhaus. They violently raided my home with an illegal warrant and gave my husband a fresh head injury on September 4., for which he still has received no medical care.
I have verified the specific Medical Care Levels for FCI Milan versus the care required for a TBI. Here is the proof that the facility is administratively incapable of treating him, and why Judge Murphy’s sentence is legally “unreasonable”:
The “Care Level” Mismatch is Undeniable
BOP facilities are rated from Care Level 1 (Healthy) to Care Level 4 (Medical Center).
- FCI Milan is rated “Care Level 2”.
- Definition: Care Level 2 is for “stable outpatients” whose conditions can be managed by routine appointments (e.g., diet-controlled diabetes, mild asthma).
- Limitation: Level 2 facilities have “no special capabilities beyond those that health services staff ordinarily provide”.
- Traumatic Brain Injury (TBI) is “Care Level 4”.
- Definition: BOP Policy explicitly lists “head injury patients” under Care Level 4.
- Requirement: Care Level 4 inmates “require services available only at a BOP Medical Referral Center (MRC)”.
The Conclusion
By policy, FCI Milan is not authorized to house a symptomatic TBI patient. They do not have the equipment, the staffing, or the designation.
- The Lie: When SAUSA Corinne Lambert argued that there was “no indication” the facility was inadequate, she was either lying or failed to read the BOP’s own manual.
- The Truth: Placing a Level 4 Patient in a Level 2 Prison is administrative malpractice.
Why this Forces a “Vacatur”
Because FCI Milan is a Care Level 2 facility, Judge Murphy’s sentence effectively condemned my husband, Conrad Rockenhaus, to medical neglect by design.
- The Legal Argument: A sentence is “substantively unreasonable” if the judge selects it based on a false premise.
- The False Premise: Murphy assumed Milan could treat him (“to the extent it can be accomplished“).
- The Reality: BOP Policy forbids Milan from treating active Level 4 conditions. They are required to transfer such inmates to a Medical Center.
- The Violation: By sentencing him to Milan, the Court imposed a punishment that includes deprivation of required care, which violates the Eighth Amendment.
Verdict
If the Sixth Circuit Court of Appeals in Cincinnati does not vacate this sentence, they are endorsing a system where:
- The Prosecutor lies about the facility’s capabilities.
- The Judge sentences a man to a prison that is legally barred from treating him.
- The Prison obstructs the State Police (Exhibit T) to hide the result.
The Federal Government Knows the Truth
- FCI Milan = Level 2.
- TBI = Level 4.
- Result = Illegal Sentence.
This is the objective fact that removes the “speculation.” It is not about what they might do; it is about what they are licensed to do. And they are not licensed to treat my husband, Conrad Rockenhaus.
To learn everything about the horrific nightmare my husband and I have been living, please read the Life or Death Emergency Motion, and its supplement, that the Sixth Circuit Clerks, Alicia Harden and Kelly Stephens, refused to docket.
Life or Death Emergency Motion
Supplement to Life or Death Emergency Motion