Opinion
Civil No. 3:21-cv-770
05-17-2021
MOHAMMAD SOHAIL SALEEM, Petitioner v. LAUREL HARRY, SUPERINTENDENT SCI-CAMP HILL, et al., Respondents
() MEMORANDUM
Presently before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), filed by Petitioner Mohammad Sohail Saleem ("Saleem"), a state inmate confined at the State Correctional Institution, Camp Hill, Pennsylvania. Saleem seeks immediate release, a reduction of sentence, and release to a "pre-parole" program, pursuant to 18 U.S.C. § 3582(c)(1)(A). Preliminary review of the petition has been undertaken, see R. GOVERNING § 2254 CASES R.4 (directing prompt examination of the petition and dismissal if it plainly appears that the petitioner is not entitled to relief), and, for the reasons set forth below, the Court will dismiss the petition for lack of jurisdiction.
These rules are applicable to petitions under 28 U.S.C. § 2241 in the discretion of the Court. See R. GOVERNING § 2254 CASES R.1(b). --------
I. Discussion
In 2014, Saleem was charged with various sexually related offenses in the Court of Common Pleas of Lebanon County. See Commonwealth v. Saleem, CP-38-CR-0001112-2014, CP-38-CR-0000565-2014 (Lebanon County Ct. Com. Pl.). On June 3, 2015, the state court sentenced Saleem to an aggregate prison term of twenty-one (21) months to ten (10) years. Id. He is in the custody of the Pennsylvania Department of Corrections.
In his present motion, Saleem seeks his immediate compassionate release from state prison under 18 U.S.C. § 3582(c)(1)(A)(i). Saleem requests the Court to allow him to serve the remainder of his sentence in home confinement because his "sentence was never intended to include a grave risk of severe illness or death from an unforeseen pandemic." (Doc. 1, p. 2).
As amended by the First Step Act, 18 U.S.C. § 3582(c)(1)(A) authorizes courts to modify a federal criminal defendant's sentence for "extraordinary and compelling reasons" after the defendant has fully exhausted all administrative rights with the Bureau of Prisons. 18 U.S.C. § 3582(c)(1)(A)(i). Saleem is a state inmate and is serving a state sentence imposed by the Lebanon County Court of Common Pleas. As such, this Court lacks jurisdiction to grant compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). See United States v. Raia, 954 F.3d 594, 596 (3d Cir. 2020) ("Section 3582's text requires [compassionate release] motions to be addressed to the [federal] sentencing court. . . .").
II. Conclusion
For the reasons set forth above, the Court will dismiss the habeas petition for lack of jurisdiction. A separate Order shall issue.
/s/_________
Robert D. Mariani
United States District Judge Dated: May 17, 2021