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Currie v. Grondolksy

April 23, 2008

FRANKLIN CURRIE, PETITIONER,
v.
J. GRONDOLKSY, RESPONDENT.



The opinion of the court was delivered by: Renée Marie Bumb United States District Judge

MEMORANDUM

ORDER

This matter comes before the Court upon Petitioner FRANKLIN CURRIE's (hereinafter "Petitioner") filing of his petition ("Petition") seeking a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, see Docket Entry No. 1, and it is appearing that:

I. Petitioner, a federal inmate currently confined at F.C.I. Fort Dix ("Fort Dix"), has been sentenced to a thirty-seven-month term of imprisonment. See id. at 3. Subject to application of good time credits, Petitioner's projected release date is January 29, 2009. See id.

II. Shortly prior to his filing of the Petition, Petitioner made an inquiry with his unit team members at Fort Dix as to the time of his transfer to a community correctional center ("CCC"), and was informed that such transfer will take place seventy-three days prior to his projected release date. See id. Allegedly, the unit team members explained to Petitioner that his CCC period would be 73 days because "the ten percent of his 37 month[] sentence does not equal to six month[s]." See id. Furthermore, Petitioner alleges that, upon his explanation that he is in "need [of] six months [of] CCC [because these six months would] allow him to seek an employment and save sufficient money to secure an apartment in the New York area," the unit team members "denied [his request for enlargement of the CCC period] without further consideration [or] investigation of his needs." See id.

III. Relying on Woodall v. Federal Bureau of Prisons, 432 F.3d 235 (3d Cir. 2005), Petitioner asserts that this decision was a violation of federal law. See id. at 3-4.

IV. The Bureau of Prisons ("BOP") has the authority under § 3621(b) to determine the location of an inmate's imprisonment. The statute not only grants the BOP placement authority, but also lists factors for consideration in making placement and transfer determinations. The statute provides as follows:

Place of imprisonment. The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering -(1) the resources of the facility contemplated;

(2) the nature and circumstances of the offense;

(3) the history and characteristics of the prisoner;

(4) any statement by the court that imposed the sentence -(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and

(5) any pertinent policy statement issued by the Sentencing Commission. . . .

18 U.S.C. § 3621(b). However, the grant of authority in § 3621(b) must be read in conjunction with § 3624(c), which obligates the BOP to prepare prisoners for community re-entry by, inter alia, placing them in community confinement. That provision reads as follows:

Pre-release custody. 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 the prisoner a reasonable opportunity to adjust to and prepare for ...


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