Opinion
Case Number: 00-CV-70028-DT.
May 26, 2000.
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner is currently incarcerated in the Milan Federal Correctional Institution. He was convicted by this Court (Cleland, J.) of violating 18 U.S.C. § 922(g), being a felon in possession of a firearm. The guidelines range for imprisonment was 37 to 46 months, and petitioner was sentenced, inter alia, to a term of 41 months' incarceration.
In his petition for a writ of habeas corpus, he raises one issue: whether Bureau of Prisons ("BOP" or the Bureau) Regulation 28 C.F.R. § 550.58, and its implementing Program Statement 5162.04, relating to a residential drug treatment program, which denies the benefits of 18 U.S.C. § 3621(e)(2)(B) (a possible one year sentence reduction) to prisoners convicted under 18 U.S.C. § 922(g), is a valid exercise of the discretion conferred on the BOP by the statute. Both the BOP regulation and its implementing Program Statement were in effect prior to Petitioner's entry into the program at issue.
In a Report and Recommendation issued pursuant to 28 U.S.C. § 636 (b)(1)(B) and filed on March 22, 2000, Magistrate Judge Komives urges the Court to adopt the reasoning and opinion of Judge Patrick Duggan in Brown v. Scibana, 86 F. Supp.2d 702 (E.D. Mich. 2000), and deny the petition. The Court adopts the Report and Recommendation of the Magistrate Judge (attached), and denies the petitioner's request for a writ of habeas corpus. Petitioner's motion for an extension of time to "better prepare his case"(Docket No. 11) is denied.
LET JUDGMENT ENTER ACCORDINGLY.