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Mohsen v. Graber

United States Court of Appeals, Ninth Circuit
Jul 29, 2014
583 F. App'x 841 (9th Cir. 2014)

Summary

holding a district court lacked jurisdiction to consider a First Step Act claim in a section 2241 petition

Summary of this case from Khouanmany v. Carvajal

Opinion

Submitted July 22, 2014

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Arizona. D.C. No. 4:11-cv-00566-JGZ. Jennifer G. Zipps, District Judge, Presiding.

Amr Mohsen, Petitioner - Appellant, Pro se, Safford, AZ.

For Conrad M. Graber, Respondent - Appellee: Angela Walker Woolridge, Assistant U.S. Attorney, USTU- Office of the U.S. Attorney, Tucson, AZ.


Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Federal prisoner Amr Mohsen appeals pro se from the district court's judgment denying his 28 U.S.C. § 2241 habeas corpus petition challenging his placement and classification by the Bureau of Prisons (" BOP" ). We have jurisdiction under 28 U.S.C. § 1291. We review the denial of a section 2241 petition de novo, see Tablada v. Thomas, 533 F.3d 800, 805 (9th Cir. 2008), and we affirm in part, vacate in part, and remand with instructions.

Mohsen contends that the BOP unlawfully denied his request for reclassification of his offense severity category from " high" to " moderate" under 18 U.S.C. § 4081. In light of the nature of Mohsen's offense and other relevant statutory factors, we reject this contention.

We decline to reach Mohsen's contention that the BOP's denial of his request for immediate placement in a Residential Reentry Center (" RRC" ) violated the First Amendment. See Koerner v. Grigas, 328 F.3d 1039, 1048 (9th Cir. 2003) (this court does not ordinarily consider matters on appeal that are not argued in appellant's opening brief).

Mohsen also contends that the BOP unlawfully denied his request for RRC placement because it failed to give his request individualized consideration under the five factors listed in 18 U.S.C. § 3621(b). Under Reeb v. Thomas, 636 F.3d 1224, 1227-29 (9th Cir. 2011), the district court lacked jurisdiction to adjudicate the merits of this claim. Accordingly, we vacate that portion of the district court's order and remand with instructions to dismiss this claim for lack of jurisdiction.

AFFIRMED in part, VACATED in part, and REMANDED with instructions.


Summaries of

Mohsen v. Graber

United States Court of Appeals, Ninth Circuit
Jul 29, 2014
583 F. App'x 841 (9th Cir. 2014)

holding a district court lacked jurisdiction to consider a First Step Act claim in a section 2241 petition

Summary of this case from Khouanmany v. Carvajal

holding a district court lacked jurisdiction to consider a First Step Act claim in a § 2241 petition

Summary of this case from Gelazela v. White

holding a district court lacked jurisdiction to consider a First Step Act claim in a Section 2241 petition

Summary of this case from Cruz v. Jenkins

applying Reeb, finding district court lacked jurisdiction, and vacating portion of district court's order that considered petition's merits

Summary of this case from Diaz v. Heisner

applying Reeb; finding district court lacked jurisdiction, and vacating portion of district court's order that considered petition's merits

Summary of this case from Tuaimalo v. Heisner

Applying Reeb in the context of individualized determination of eligibility for residential reentry center under § 3621

Summary of this case from Rizzolo v. Puentes

Applying Reeb in the context of individualized determination concerning eligibility for residential reentry center under § 3621

Summary of this case from Kornfeld v. Puentes
Case details for

Mohsen v. Graber

Case Details

Full title:AMR MOHSEN, Petitioner - Appellant, v. CONRAD M. GRABER, Respondent …

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 29, 2014

Citations

583 F. App'x 841 (9th Cir. 2014)

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