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Jimmy Lee Bozeman, Ii v. Richard B. Ives

June 14, 2011

JIMMY LEE BOZEMAN, II, PETITIONER,
v.
RICHARD B. IVES, WARDEN, FCI - HERLONG RESPONDENT.



The opinion of the court was delivered by: Timothy J Bommer United States Magistrate Judge

ORDER, FINDINGS AND RECOMMENDATIONS

Petitioner, Jimmy Lee Bozeman, II, is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

I. FACTUAL HISTORY

Petitioner is currently serving a forty-seven month sentence for bank robbery in violation of 18 U.S.C. § 2113(a). Petitioner's projected release date is April 16, 2012. He is currently incarcerated at FCI - Herlong. In 2010, Petitioner requested a transfer to a residential re-entry center (RRC) for the remainder of his sentence. The unit manager responded on April 9, 2010 and stated the following:

You are requesting placement in a Residential Re-entry Center (RRC) for the remainder of your sentence.

Your current release date is April 16, 2012. You are currently participating in the Residential Drug Abuse Program.

Inmates may request transfer to a RRC, which needs to be requested during program review (team) meetings, or request pre-release RRC placement.

You do not qualify for a transfer to an RRC.

Pre-release RRC placement decisions are made on an individual basis using Program Statement 7310.04, Community Corrections Center Utilization and Transfer Procedures, using the following criteria: 1) the resources of the facility contemplated, 2) the nature of the offense, 3) the history and character of the prisoner, 4) the statements by the court, 5) the pertinent policy statement.

Based upon the above referenced policy and information your request is denied at this time.

(Resp't's Answer Attachment 6.)

On April 13, 2010, Petitioner submitted a request for administrative remedy to the warden of FCI-Herlong which sought placement in a RRC for the duration of his prison sentence. (See id.) On May 4, 2010, the warden denied the request and stated the following:

This is in response to your Request for Administrative Remedy dated April 13, 2010, wherein you are requesting placement in a Residential Re-entry Center (RRC) for the remainder of your sentence.

An investigation into this matter reveals that you are currently participating in the Residential Drug Abuse Program and your current release date is April 16, 2012. Pre-release RRC placement decisions, pursuant to the Second Chance Act of 2007, are made on an individual basis using Program Statement 7310.04, Community Corrections Center Utilization and Transfer Procedures, and using the following criteria:

1) The resources of the facility contemplated;

2) The nature of and circumstances of the offense;

3) The history and characteristics of the prisoner;

4) Any pertinent policy statement issued by the U.S. Sentencing Commission.

In review of these factors in your case, you will not be considered for RRC ...


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