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U.S. v. Bokhari

United States District Court, E.D. Wisconsin
Mar 31, 2008
Case No. 04-CR-56 (E.D. Wis. Mar. 31, 2008)

Opinion

Case No. 04-CR-56.

March 31, 2008


DECISION AND ORDER


After pleading guilty to a variety of offenses, including mail fraud and money laundering, the Court sentenced Qasim Bokhari ("Bokhari") to a 63-month term of imprisonment. Now before the Court is a letter from Bokhari styled as a "Motion for Sentence Adjustment." Bokhari requests a 6 month reduction in his sentence because the Bureau of Prisons is refusing to allow him to serve the last ten (10) percent of his sentence in a halfway house or other community custody program. According to Bokhari, this refusal is on account of him being a deportable alien.

The manner in which Bokhari captioned his motion suggests that he wants to proceed under the general habeas statute, 28 U.S.C. § 2241. However, a challenge to the rules used to calculate the amount of time a federal inmate is allowed to spend in a Community Corrections Center ("CCC") cannot be brought under § 2241. See Richmond v. Scibana, 387 F.3d 602, 605-06 (7th Cir. 2004). Such a claim must be brought under the Administrative Procedures Act ("APA"), 5 U.S.C. § 551 et seq.

The Court cannot convert this motion into a claim under the APA because of the many different requirements imposed upon prisoner civil litigation. See, e.g., Copus v. Edgerton, 96 F.3d 1038 (7th Cir. 1996). For example, it is apparent from the face of Bokhari's motion that he did not exhaust his administrative remedies, see 28 U.S.C. § 1997e(a). Therefore, Bokhari's motion will be denied and Bokhari will not be afforded the opportunity pursue a claim under the APA at this time. See Richmond, 387 F.3d at 605 ("If he were to stick with § 2241, the petition would have to be dismissed because § 2241 is the wrong section; if he were to elect the APA, the petition would have to be dismissed under § 1997e(a) for failure to exhaust administrative remedies").

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT Bokhari's motion for sentence adjustment [D. 141] is DENIED.

SO ORDERED.


Summaries of

U.S. v. Bokhari

United States District Court, E.D. Wisconsin
Mar 31, 2008
Case No. 04-CR-56 (E.D. Wis. Mar. 31, 2008)
Case details for

U.S. v. Bokhari

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. QASIM A. BOKHARI, Movant

Court:United States District Court, E.D. Wisconsin

Date published: Mar 31, 2008

Citations

Case No. 04-CR-56 (E.D. Wis. Mar. 31, 2008)