Opinion
Case No. 2:11-CR-852 TS
08-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. GLEN JACKMAN, Defendant.
MEMORANDUM DECISION AND
ORDER DENYING REQUEST FOR
RECOMMENDATION
This matter is before the Court for consideration of a letter written by Defendant requesting a recommendation that he be allowed extended time in a halfway house.
I. BACKGROUND
On October 5, 2011, Defendant was charged with being a felon in possession of a firearm. Defendant pleaded guilty on January 5, 2012, and on June 6, 2012, was sentenced to a term of 33 months imprisonment.
II. DISCUSSION
Defendant requests that the Court recommend he participate in the Second Chance Act by allowing him extended placement in a halfway house.
18 U.S.C. § 3624(c)(1) provides:
The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community. Such conditions may include a community correctional facility.
As the language of the statue indicates it is the Bureau of Prisons ("BOP"), not the Court, that determines whether a particular prisoner shall be placed in a community correctional facility. If the BOP reaches a decision that is unfavorable to Defendant, this request is not the proper vehicle for relief. Rather, a petition under 28 U.S.C. § 2241 is the proper procedure to challenge a decision by the BOP in connection with the Second Chance Act. Defendant is reminded that he must exhaust his administrative remedies before filing a § 2241 petition. As a result, the Court must deny Defendant's request without prejudice to it being filed as a § 2241 petition in the district in which he is confined.
See United States v. Clark, 2011 WL 743090, at * 2 (W.D. Pa. Feb. 24, 2011).
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III. CONCLUSION
It is therefore
ORDERED that Defendant's Request for Recommendation (Docket No. 41) is DENIED WITHOUT PREJUDICE.
BY THE COURT:
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TED STEWART
United States District Judge