United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
M. Hood, Senior U.S. District Judge.
inmate Jamal Craig has filed a pro se “Motion
for Judicial Recommendation.” [R. 1] For administrative
purposes, the Clerk of the Court has docketed Craig's
motion as a habeas corpus petition pursuant to 28 U.S.C.
§ 2241, presumably because Craig seeks earlier release
from custody to a halfway house. The construed petition is
before the Court for initial review. 28 U.S.C. § 2243;
Alexander v. Northern Bureau of Prisons, 419
Fed.Appx. 544, 545 (6th Cir. 2011).
2013, in the United States District Court for the Eastern
District of Pennsylvania, Craig pled guilty to one count of
robbery which interferes with interstate commerce in
violation of 18 U.S.C. § 1951(a) (Count One) and one
count of brandishing, using and carrying a firearm during and
in relation to a crime of violence in violation of 18 U.S.C.
§ 924(c)(1) (Count Two). In October 2013, Craig was
sentenced to a term of imprisonment of 1 day on Count One and
84 months on Count Two, to run consecutively to the sentence
imposed on Count One, for a total term of imprisonment of 84
months and 1 day. In the Judgment, the sentencing court made
the following recommendations to the Bureau of Prisons
(“BOP”): “defendant be: (1) evaluated and
treated for low back pain; (2) evaluated and treated for
mental and emotional health issues; (3) evaluated and treated
for substance abuse; (4) afforded the opportunity to pursue
college degree; and (5) designated close to Philadelphia,
Pennsylvania.” United States v. Craig, No.
2:13-cr-158-TJS-1 (E.D. Pa. 2013).
is now confined at the Federal Medical Center in Lexington,
Kentucky, with a projected release date in March 2019. See
https://www.bop.gov/inmateloc/. Although the exact
relief requested through his motion is not entirely clear, he
appears to be requesting this Court issue a recommendation to
the BOP that he be allowed to serve at least six months, 180
days or 10 per cent of his sentence, whichever is less, in a
halfway house or home confinement, based upon his current
family circumstances and his efforts at rehabilitation. [R. 1
at p. 1]
the Court commends Craig on his efforts at rehabilitation,
his request must be denied because this Court has no
authority to make such a recommendation pursuant to 28 U.S.C.
§ 2241 merely because Craig is confined within this
district. Nor may Craig file a freestanding motion in this
Court requesting such relief. Program Statement 5100.08, upon
which Craig relies, permits the BOP to consider
recommendations made by the sentencing court in making inmate
classification, designation and re-designation
determinations, including inmate placement decisions.
However, Craig's sentence was imposed by the United
States District Court for the Eastern District of
Pennsylvania, not this Court, thus this Court does not have
the authority to make such a recommendation.
although Craig does not appear to be challenging any decision
of the BOP with respect to his placement in a halfway house,
even if the Court broadly construed his petition to raise
such a challenge, he would not be entitled to relief.
Although Residential Reentry Center (“RRC”)
placement and home confinement are helpful resources for
readjustment to society, a federal prisoner does not have a
constitutionally protected right to serve the final twelve
months of his sentence in either an RRC or home confinement.
The Second Chance Act of 2007, which is cited by Craig, only
requires the BOP to consider placing an inmate in an
RRC or home confinement for up to twelve-months; it does not
automatically entitle, or guarantee, any prisoner such
placement for any period of time. See Demis v.
Sniezek, 558 F.3d 508, 514 (6th Cir. 2009); Boals v.
Quintana, No. CV 5:15-335-JMH, 2015 WL 8665404, at *2
(E.D. Ky. Dec. 11, 2015); Harris v. Hickey, No.
10-CV-135-JMH, 2010 WL 1959379, at *3 (E.D. Ky. May 17,
before a prisoner may seek habeas relief under Section 2241,
he must first exhaust his administrative remedies within the
BOP. Fazzini v. Northeast Ohio Correctional Center,
473 F.3d 229, 231 (6th Cir. 2006). Here, Craig fails to
indicate whether he has even presented his request for RRC or
home detention placement to the BOP. Even if he had made such
a request to the BOP, the BOP's determinations regarding
halfway house placement are expressly insulated from judicial
review under the APA. 28 U.S.C. § 3625 (“The
provisions of sections 554 and 555 and 701 through 706 of
title 5, United States Code, do not apply to the making of
any determination, decision, or order under this
subchapter.”). Cf. Woodard v. Quintana, No.
5:15-307-KKC, 2015 WL 7185478, at *5-6 (E.D. Ky. Nov. 13,
for all of these reasons, Craig's motion, construed as a
habeas petition, will be denied and this proceeding closed.
IT IS ORDERED that:
Jamal Craig's “Motion for Judicial
Recommendation.” [R. 1], construed in part as a
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241, is DENIED.
the reasons stated herein, the Court
CERTIFIES that any appeal would not be taken
in good faith.
action is DISMISSED and