Pompa v. U.S.

Full title: Miguel Angel Nunez Pompa, Petitioner, v. United States of America…

Court: United States District Court, D. Arizona

Date published: May 18, 2009

CR 08-92 TUC-DCB, (BOP # 35895-208) (D. Ariz. May. 18, 2009)

Opinion

CR 08-92 TUC-DCB, (BOP # 35895-208).

May 18, 2009

ORDER

DAVID BURY, District Judge

Pending before this Court is Nunez-Pompa's "Motion for Sentence Adjustment." For the reasons set forth below, Petitioner is not entitled to relief.

On September 5, 2009, the Court denied Petitioner relief under 28 U.S.C. § 2255. See (Order (doc. 11).) Unlike the habeas Petition, the Motion for Sentence Adjustment fails to state a jurisdictional basis for relief.

Furthermore, even if jurisdiction existed for the Court to consider the Motion for Sentence Adjustment, it would be denied. As noted when the Court summarily denied the habeas Petition, under the terms of the Defendant's Plea Agreement, he waived his right to appeal, directly or collaterally, his sentence. Id. at 2.

Substantively, his Motion for Sentence Adjustment also fails. He alleges that, due to his alien status, he is prohibited from participating in certain Bureau of Prisons ("BOP") benefits and programs, specifically he cannot receive a half-way house release. (Motion at 1.) The Ninth Circuit has already conclusively decided that BOP regulations which exclude prisoners with detainers, including deportable aliens like Petitioner, from community-based programs do not violate the Constitution. McLean v. Crabtree, 173 F.3d 1176, 1185-1186 (9^th Cir. 1999).

Accordingly,

IT IS ORDERED that the Motion for Sentence Adjustment (doc 21) is DENIED.