United States District Court, M.D. Pennsylvania
RICHARD CAPUTO, UNITED STATES DISTRICT JUDGE
Brown, an individual formerly housed at the Allenwood Low
Security Correctional Institution (LSCI-Allenwood), in
Allenwood, Pennsylvania, filed the instant pro se
Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C.
§ 2241. (ECF No. 1.) He also submitted a memorandum and
exhibits in support of his petition. (ECF Nos. 2 and 3.) Mr.
Brown claimed the Bureau of Prisons (BOP) failed to properly
consider him for placement in a Residential Reentry Center
(RRC) pursuant to 18 U.S.C. §§ 3621 and 3624.
Respondent filed a Response to the Petition. (ECF No. 8.) For
the following reasons, the Court will dismiss the Petition.
Standard of Review
habeas statute upon which Mr. Brown relies to challenge the
timing of his pre-release placement, 28 U.S.C. § 2241,
unlike other federal habeas statutes, “confers habeas
jurisdiction to hear the petition of a federal prisoner who
is challenging not the validity but the execution of his
sentence.” Coady v. Vaughn, 251 F.3d 480, 485
(3d Cir. 2001). A habeas corpus petition filed pursuant to 28
U.S.C. § 2241 is the appropriate means for a federal
inmate to challenge a BOP decision to limit or exclude their
placement in an RRC. See Woodall v. Fed. Bureau
of Prisons, 432 F.3d 235, 243 - 44 (3d Cir. 2005).
2013, pursuant to a plea agreement, Mr. Brown entered a plea
of guilty to possession of a firearm by a prohibited person,
a violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2), in the United States District Court for the
District of Delaware. He was sentenced to a term of 90
months' imprisonment. (ECF Nos. 1, 2, 8 and 8-1.)
October 5, 2017, Mr. Brown's Unit Team, pursuant to the
Second Chance Act of 2007, individually reviewed and
recommended him for RRC placement using the five-factor
criteria found in 18 U.S.C. § 3621(b) and evaluating his
public safety risk. The BOP determined pursuant to the five
factors set forth in 18 U.S.C. § 3621(b), Mr. Brown
required only one to 90 days of pre-release RRC placement and
that this period was sufficient for Mr. Brown's
successful transition and re-entry into the community. (ECF
No. 8-1 at 50-55.) The BOP considered the availability of bed
space in Virginia Beach, Virginia. (Id.) Mr.
Brown's offense conduct (multiple firearms violations
while on supervised release) and public safety were weighed
against the need for re-entry services. (Id.) Mr.
Brown's criminal and institutional disciplinary records
were also considered, which included transporting firearms
across state lines while on federal probation as well as
several disciplinary incidents (possessing a hazardous tool,
possession of anything not authorized, lying or falsifying
statement) within the last year. (Id. at 46 and 51.)
With respect to the fourth and fifth factors, the BOP noted
that there was no RRC placement recommendation by the
sentencing court found in Mr. Brown's file and no policy
statements issued by the U.S. Sentencing Commission pertinent
to his case. (Id.)
December 11, 2017, Mr. Brown filed a motion with his
sentencing judge seeking a recommendation of six months of
RRC placement and six months of home confinement.
See USA v. Richie Louis Brown,
12-CR-0026-RGA-1 (D. Del.), ECF No. 46. On January 31,
2018, the United States District Court for the District of
Delaware denied Mr. Brown's request. (Id. at ECF
Institutional Referral for RRC Placement (Form BP-210)
summarizes the BOP's specific release preparation plan
for Mr. Brown:
Inmate BROWN intends to reside in Virginia Beach, Virginia
upon release. He does not have verified employment. Unit Team
is recommending an RRC placement of 1-90 days and the full
range of community programs. This recommendation is in
accordance with the Second Chance Act, Woodall vs. Bureau of
Prisons, and the criteria set forth in Program Statement
7310.04. Pursuant to the Second Chance Act, the Unit Team has
determined the recommended placement is of sufficient
duration to provide the greatest likelihood of successful
reintegration into the community.
(ECF No. 8-1 at 55.) The Residential Reentry Manager, who is
the final authority to determine placement based on bed space
at the intended facility, gave Mr. Brown a March 20, 2019
placement date, equal to ninety days in an RRC, the upper end
of his Unit Team's recommended range. (Id. at
Brown exhausted his administrative remedies concerning his
claims prior to filing his habeas corpus petition. (ECF No. 8
at 2, n. 1.) As relief he seeks the Court recommend a
six-month RRC placement based on the BOP's failure to
properly investigate his Administrative Remedy challenging
his RRC placement.
Mr. Brown's ...