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United States v. Creller

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION
Aug 14, 2013
Case No. 2:06 CR 869 (D. Utah Aug. 14, 2013)

Opinion

Case No. 2:06 CR 869

08-14-2013

UNITED STATES OF AMERICA, Plaintiff, v. LYLE GEORGE CRELLER, Defendant.


MEMORANDUM DECISION

AND ORDER DENYING

REQUEST FOR

RECOMMENDATION

This matter is before the court for consideration of a letter written by Defendant requesting a recommendation that he be allowed extended time in a halfway house.

I. BACKGROUND

On December 13, 2006, Defendant was charged in a two-count indictment with (1) being a felon in possession of ammunition; and (2) possession of a controlled substance, to-wit: methamphetamine. Defendant pleaded guilty on December 11, 2007, and on May 5, 2008, was sentenced to a term of 120 months imprisonment.

II. DISCUSSION

Defendant requests that the court recommend he participate in the Second Chance Act by allowing him extended placement in a halfway house.

18 U.S.C. § 3624(c)(1) provides:

The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for reentry of that prisoner into the community. Such conditions may include a community correctional facility.

As the language of the statute indicates it is the Bureau of Prisons ("BOP"), not the court, that determines whether a particular prisoner shall be placed in a community correctional facility. If the BOP reaches a decision that is unfavorable to Defendant, this request is not the proper vehicle for relief. Rather, a petition under 28 U.S.C. § 2241 is the proper procedure to challenge a decision by the BOP in connection with the Second Chance Act. Defendant is reminded that he must exhaust his administrative remedies before filing a § 2241 petition. As a result, the court must deny Defendant's request without prejudice to it being filed as a § 2241 petition in the district in which he is confined.

See United States v. Clark, 2011 WL 743090, at *2 (W.D. Pa, Feb. 24, 2011).
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III. CONCLUSION

IT IS THEREFORE ORDERED that Defendant's Request for Recommendation (Dkt. 66) is DENIED WITHOUT PREJUDICE.

BY THE COURT:

___________________

Tena Campbell

United States District Judge


Summaries of

United States v. Creller

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION
Aug 14, 2013
Case No. 2:06 CR 869 (D. Utah Aug. 14, 2013)
Case details for

United States v. Creller

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LYLE GEORGE CRELLER, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Date published: Aug 14, 2013

Citations

Case No. 2:06 CR 869 (D. Utah Aug. 14, 2013)