United States District Court, M.D. Pennsylvania
CHARLES W. WADE, Petitioner
WARDEN BALTAZAR, Respondent
MALACHY E. MANNION, UNITED STATES DISTRICT JUDGE
Charles W. Wade, an inmate confined in the Gilmer Federal
Correctional Institution, Glenville, West Virginia, filed
this petition for writ of habeas corpus pursuant to 28 U.S.C.
§2241. (Doc. 1). Wade challenges a determination by the
Bureau of Prisons (“BOP”) that due to Wade's
criminal judgment for Possession of Firearm in Furtherance of
Drug Trafficking, in violation of 18 U.S.C. §924(c), he
would be precluded from receiving early release under 18
U.S.C. §3621(e), despite Wade's completion of the
Residential Drug Abuse Treatment Program (RDAP). Id.
Wade claims that he is “factually and actually
innocent” of the §924(c) offense, and that the
government never proved he possessed a firearm while
trafficking drugs. Id. Thus, he seeks a one year
sentence reduction for having “already completed
reasons set forth below, the Court will dismiss the petition
for writ of habeas corpus for lack of jurisdiction.
August 22, 2011, after entering a plea of guilty, Wade was
sentenced in the United States District Court for the
District of Maryland to an eighty-four (84) month term of
imprisonment for Possession with Intent to Distribute 5 Grams
or More of Cocaine Base, in violation of 21 U.S.C.
§841(a)(1), and a sixty (60) month consecutive term of
imprisonment for Possession of Firearm in Furtherance of Drug
Trafficking, in violation of 18 U.S.C. §924(c). (Doc.
9-1 at 8, Judgment in a Criminal Case).
August 16, 2012, Wade filed a Motion to Vacate under 28
U.S.C. §2255. See Wade v. United States, No.
DKC 12-CV-2442 (U.S.D.C. Maryland).
Memorandum and Order dated June 19, 2013, Petitioner's
2255 motion was denied. Id. On July 30, 2013, Wade
filed an appeal to the Fourth Circuit. Id. By
Judgment dated January 10, 2014, the Fourth Circuit affirmed
the District Court's denial of Wade's 2255 motion.
December 16, 2015, Wade filed a Consent Motion for Reduced
Sentence Under 18 U.S.C. §3582(c)(2). Id.
Order dated January 8, 2016, Petitioner's motion for
sentence reduction pursuant to 18 U.S.C. §3582(c)(2) was
granted and Petitioner's sentence was reduced from 144
months (84 60) to 130 months (70 60). (Doc. 9-1 at 15,
Section 3621 of Title 18 of the United States Code, Congress
provided that “[t]he Bureau shall make available
appropriate substance abuse treatment for each prisoner the
Bureau determines has a treatable condition of substance
addiction or abuse.” 18 U.S.C. §3621(b). In 1994,
as part of the Violent Crime Control and Law Enforcement Act
(“VCCLEA”), Pub. L. 103-322, §32001 (1994).
Congress amended the statute to require that the BOP shall
provide residential substance abuse treatment for all
eligible prisoners. See 18 U.S.C. § 3621(e)(1)(C). The
incentive for prisoners to enroll in the BOP's intensive
nine-month residential treatment program-as opposed to its
various nonresidential treatment options-is a possible
reduction in sentence of up to one year. See 18 U.S.C.
§3621(e)(2)(B) (“The period a prisoner convicted
of a nonviolent offense remains in custody after successfully
completing a treatment program may be reduced by the Bureau
of Prisons, but such reduction may not be more than one year
from the term the prisoner must otherwise serve.”).
offers the Residential Drug Abuse Treatment Program
(“RDAP”) for inmates who volunteer for treatment
and who have been determined by clinical psychology staff to
have a diagnosable and verifiable substance use disorder. In
order to successfully complete the RDAP, inmates must
complete a unit-based component (minimum 500 hours),
follow-up services, and a transitional drug abuse treatment
inmate successfully completes the RDAP, the BOP may reduce
the period an inmate convicted of a nonviolent offense
remains in custody, but such reduction may not be more than
one year from the term the inmate must otherwise serve. 18
accordance with BOP Program Statement (“PS”)
5331.02, Early Release Procedures Under 18 USC §3621(e),
section 7.b., a federal prison's Drug Abuse Program
Coordinator (“DAPC”) requests an offense review
from the DSCC Legal Department after he or she determines
that the inmate qualifies for participation in the RDAP and
is not otherwise ineligible for early release as a result of
one of the conditions identified in PS 5331.02, section 7.a.
The DSCC Legal Department then completes the offense review
in accordance with applicable federal regulations and the
applicable version of PS 5162.05, Categorization of Offenses.
(See Doc. 9-1 at 18 - 48, Early Release Procedures
and Categorization of Offenses). As part of the offense
review, the DSCC Legal Department determines whether an
inmate is precluded from receiving early release after
reviewing the inmate's DSCC-maintained electronic
sentence computation file, which includes the Judgment and
Commitment Order (“J&C”), Statement of
Reasons (“SOR”), Pre-Sentence Investigation
Report (“PSR”), and any other relevant sentencing
documentation. Id. The final decision regarding 18
U.S.C. § 3621(e) eligibility is then transmitted back to
the requesting DAPC. Id.
evaluating whether an inmate is eligible for 18 U.S.C.
§3621(e) early release consideration, the DSCC Legal
Department engages in a two-step analysis. The first step of
the analysis involves determining whether any of an
inmate's current offenses of conviction precludes early