Sentence Mitigation

ONLY BY LEARNING THE ADMINISTRATIVE REMEDY BP 8 – 11, FOLLOWED BY (§2241), WAS HE ABLE TO PETITION FOR EARLY RELEASE.

I’m Dr. Marc Blatstein. I spent time in Federal Prison, and now I’m here to help you on your journey.

The Administrative Remedy: Here, the process

The Petitioner: ALPHONSO WOODLEY

The Respondent: The BOP

Habeas Corpus under 28 § 2241 transfer to prerelease custody

The Court, recognizing the urgency of the situation, grants the petition of ALPHONSO WOODLEY and orders The BOP to transfer ALPHONSO WOODLEY to prerelease custody within 30 days of the date hereof.

ALPHONSO WOODLEY claims that The BOP violated federal statutes by failing to effect his immediate transfer to prerelease custody

·       because the BOP Regional Authority has taken over his prison,

·       which had been on lockdown, and

· The necessary forms were not available.

He followed the instructions of the Administrative Remedy Process and BOP staff;

·       by attempting to submit a “sensitive” BP-10 form directly to the Regional Office as there was no warden for a BP-9, thus bypassing two administrative steps (BP-9) to expedite the process.

·       The four-step (through the BP-11) procedure to address his claim that he is entitled to immediate transfer to Halfway House or Home Confinement could take 120 days or more.

The BOP has agreed to the following facts.

·       ALPHONSO WOODLEY was sentenced to a term of imprisonment of 120 months, with 60 months of supervised release, after his conviction for a drug conspiracy offense.

·       Based on projected good conduct time, the petitioner would have a statutory release date of April 8, 2027;

·       However, because Earned Time Credits (ETCs) under the First Step Act (FSA) were applied and ALPHONSO WOODLEY completed a Residential Drug Abuse Treatment Program (RDAP) in December 2023, his projected release date is now April 8, 2025.

·       The BOP has applied 365 days of ETCs toward ALPHONSO WOODLEY’s release date and 445 days of ETCs toward time in a residential reentry center (RRC). ALPHONSO WOODLEY is currently eligible for placement in an RRC, and the BOP has notified him that he will be placed in an RRC in Tampa (his release location) on September 4, 2024.

·       According to the BOP, placement to an RRC is made to the extent that resources and bed space permit, and it is not required if no space is available

·       In response to the petition, The BOP argues that the place ALPHONSO WOODLEY confinement falls within the BOP’s discretion, with which this Court has no authority to interfere. The BOP argues that two statutes apply here.

SHALL?

First,

·       18 U.S.C. § 3624(b) grants the BOP the authority to designate the place of a prisoner’s confinement and to transfer a prisoner to a different facility.

·       “A designation of a place of imprisonment – is not reviewable by any court.”

Second,

The transfer §3624. Subsection 3624(c) includes the following;

(1)    In general. – The Director of the Bureau of Prisons shall spend a portion of the final months of that term (not to exceed 12 months), RRC …

(2)    Home confinement authority. – The authority under this subsection may be used to place a prisoner in home confinement for a shorter period of 10 percent of the term of imprisonment of that prisoner or 6 months. The Bureau of Prisons shall,

(3)    Section 3624 provides that the BOP must, to the extent practicable, ensure that a prisoner spends “a portion” of his final 12 months under conditions that will prepare him for reentry into the community.

Numerous courts have held that the BOP has no discretion to delay or refuse the transfer of an eligible prisoner to prerelease custody, which transfer is mandatory.

·       Dec. 22, 2023) (agreeing with the interpretation that transfers to prerelease custody is mandatory; BOP has no discretion not to transfer);

·       Under a plain reading of this provision of the FSA, which includes the word “shall,” the BOP is required to transfer a prisoner to prerelease custody or supervised release if the prisoner is “eligible” as determined under Subsection 3624(g).

Numerous courts have held that transferring an eligible prisoner to prerelease custody is mandatory.

·       IT IS THEREFORE ORDERED BY THE COURT THAT the petition for habeas corpus under 28 U.S.C. § 2241 is hereby granted, and the BOP is ordered to effect the petitioner (ALPHONSO WOODLEY), transfer to prerelease custody within 30 days of the date hereof.

 

Woodley

Dr. Blatstein

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