Opinion
No. 3:04-CV-40-M.
April 14, 2004
ORDER
Petitioner objects to the magistrate judge's findings, conclusions and recommendation in this case. The Court OVERRULES Petitioner's objections.
Petitioner filed this petition pursuant to 28 U.S.C. § 2241. He states that under 18 U.S.C. § 3624(c) and BOP Program Statement 7310.04, once he is approved for placement in a community corrections center ("CCC"), he has a liberty interest in that placement.
The magistrate judge's findings, conclusions and recommendation cites numerous cases holding that § 3624(c) does not create a liberty interest. See Prows v. Fed. Bureau of Prisons, 981 F.2d 466, 469-70 (10th Cir. 1992) ("Nothing in § 3624(c) indicates any intention to encroach upon the Bureau's authority to decide where the prisoner may be confined during the pre-release period."); United States v. Sneed, 63 F.3d 381, 389 n. 6 (5th Cir. 1995) (same); United States v. Laughlin, 933 F.2d 786, 789 (9th Cir. 1991); Ready v. L.E. Fleming, 2002 WL 1610584 (N.D. Tex. July 19, 2002) (finding § 3624(c) does not create a constitutionally protected liberty interest in being placed in a half-way house); Lyle v. Sivley, 805 F. Supp. 755, 760-61 (D. Ariz. 1992) (denying habeas corpus relief because, inter alia, § 3624(c) does not create a protected liberty interest); see also Ready v. L.E. Fleming, No. 4:02-CV-056-Y, 2002 WL 1610584 (N.D. Tex. July 19, 2002) ("courts have rejected the claim that § 3624(c) creates a protected due process liberty interest, and have held that the statute does not encroach on the Bureau of Prisons' broad discretion and authority to determine where prisoners may be confined during the prerelease period."). Petitioner states that although § 3624(c) may not confer a liberty interest on a prisoner who is denied release to a CCC, if a prisoner is granted placement in a CCC, he has a liberty interest in a full 180-day placement. Petitioner cites no authority for this proposition. There is no indication that § 3624(c) provides the BOP with discretion to either grant 180 days in a CCC or deny placement in a CCC, but provides no authority to grant some period of time less than 180 days in a CCC. Petitioner's objection that § 3624(c) provides him a liberty interest in a 180-day placement in CCC is overruled.
Petitioner also argues that BOP Program Statement 7310.04 entitles him to a 180-day placement in a CCC. Petitioner states that once the BOP staff recommended that he receive a 180-day placement in CCC, this conferred a liberty interest in such placement. The Program Statement, however, shows that the staff's assessment is merely a recommendation to the Community Corrections Manager ("CCM"). Petitioner cites no provision in the Program Statement that requires a prisoner to be placed in a CCC for the entire 180 days. To the contrary, the Program Statement provides that prisoners may be referred to a CCC for "up to 180 days." PS p. 16; see also PS p. 15 ("A number of factors must be weighed to determine the length of CCC placement for inmates. . . . Referrals to CCM offices should include a recommendation regarding the length of stay (range), such as recommending 60 to 90 days or 90 to 120 days, etc. This range of at least 30 days allows the CCM to match population needs with budgetary and CCC bed space resources, a process which requires this flexibility."). Petitioner's objections that relevant BOP policy creates a liberty interest in a 180-day CCC placement are without merit and are OVERRULED.
Petitioner includes an exhibit which states: "Staff specifying a recommended placement date shall further indicate that the CCM should not adjust that date. (Include this information in Item 12)." Item 12 on Petitioner's placement form contains no indication that the CCM should not adjust the placement date.