Opinion
Case No. 3:17-cv-00370-SB
07-20-2017
AHAD SHAUKA HASAN, Petitioner, v. RICHARD IVES, Warden, Respondent.
FINDINGS AND RECOMMENDATION
BECKERMAN, Magistrate Judge.
Petitioner, an inmate at FCI Sheridan, brings this habeas corpus proceeding pursuant to 28 U.S.C. § 2241, claiming that Respondent wrongfully denied him eligibility for early release under the Bureau of Prisons' (BOP) Residential Drug Abuse Program (RDAP). See 28 C.F.R. § 550.53 (2017). Petitioner seeks a writ declaring him eligible to receive a one-year sentence reduction upon his successful completion of RDAP. Habeas Pet. (ECF No. 1) at 6. Respondent urges the Court to deny habeas relief on the basis that the Petition is moot. Petitioner has not filed a response. For the reasons explained below, the district judge should dismiss the Petition as moot.
BACKGROUND
Petitioner is serving a 360-month term of incarceration based on his 1993 convictions for Conspiracy to Distribute and Possess with Intent to Distribute Cocaine and Cocaine Base, Distribution and Possession of Cocaine and Cocaine Base, Interstate Travel in Aid of Racketeering, and Use of Communication Facility in Furtherance of a Conspiracy. Decl. of Jennifer Vickers (ECF No. 8) at ¶ 3, Habeas Pet. at 1. Petitioner's projected release date is July 14, 2019. Vickers' Decl. at ¶ 3.
On March 8, 2000, a prison psychologist recommended that Petitioner participate in a drug abuse program. Habeas Pet., Attach. A; Decl. of Allan John-Baptiste (ECF No. 9) at ¶ 6. On April 14, 2000, Petitioner's Unit Team determined that Petitioner was qualified to participate in RDAP and referred its decision to FCI Sheridan's Drug Alcohol Program Coordinator. Decl. of John-Baptiste at ¶ 7 & Attach. A.
On April 20, 2016, the coordinator interviewed Petitioner and approved him for participation in RDAP. Id. at ¶ 8 & Attach. B. On June 29, 2016, however, Allan John-Baptiste, Assistant General Counsel for BOP's Designation and Sentence Computation Center, determined that Petitioner's conviction for Interstate Travel in Aid of Racketeering rendered him ineligible for RDAP's one-year early release benefit. Id. at ¶ 9 & Attach. C. On or about March 6, 2017, Petitioner filed the instant proceeding challenging that determination. Habeas Pet. (ECF No. 1).
An inmate who successfully completes RDAP is eligible for up to one-year early release. 18 U.S.C. § 3621(e)(2)(B). However, the early release benefit is limited to prisoners convicted of a nonviolent offense. 18 U.S.C. § 3621(e)(2)(B). BOP Program Statement 5162.04 lists offenses considered to be crimes of violence, including transporting items in aid of racketeering if the offense involved the use of force. P.S. 5162.04(7)(a); Decl. of John-Baptiste, Attach. D. --------
On March 23, 2017, the Assistant General Counsel reviewed his prior determination and concluded that Petitioner is, in fact, eligible for the early release benefit because he did not receive an enhancement for the use or threatened use of force which was the precluding factor under his prior analysis. Decl. of John-Baptiste at ¶¶ 5, 10-11 & Attach. E. Respondent argues that this case is now moot because Petitioner obtained the specific relief he is asking the Court to provide.
DISCUSSION
"The Constitution limits the jurisdiction of the federal courts to live cases and controversies, and as such, federal courts may not issue advisory opinions." Kittel v. Thomas, 620 F.3d 949, 951 (9th Cir. 2010). "This means that, throughout the litigation, the [petitioner] must have suffered, or be threatened with, an actual injury traceable to the [respondent] and likely to be redressed by a favorable judicial decision." Spencer v. Kemna, 523 U.S. 1, 7 (1998) (internal quotations omitted). Failure to satisfy the case-or-controversy requirements at any stage of a habeas proceeding renders the habeas petition moot. Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005).
Respondent urges the Court to dismiss the Petition as moot because Petitioner is no longer precluded from early release eligibility and therefore has obtained the specific relief he is asking the Court to provide. Resp't Resp. to Pet. (ECF No. 7) at 5. This Court agrees that the BOP's determination that Petitioner is eligible for the early-release benefit upon successful completion of RDAP renders his Habeas Petition moot for lack of a case or controversy.
CONCLUSION
Based on the foregoing, the district judge should dismiss Petitioner's Habeas Petition (ECF No. 1) on the basis that it is moot.
SCHEDULING ORDER
The Findings and Recommendation will be referred to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, the Findings and Recommendation will go under advisement on that date.
If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.
DATED this 20th day of July, 2017.
/s/_________
STACIE F. BECKERMAN
United States Magistrate Judge