Campbell v. Smith
MEMORANDUM OPINION & ORDER; 1) petition for writ of habeas corpus is DENIED 2) Action is DISMISSED AND STRICKEN from Court's docket 3) a corresponding judgment will be entered this date. Signed by Judge Henry R. Wilhoit, Jr on 10/10/17.(SMT)cc: COR, Campbell via USMail
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION at ASHLAND
HUGH RUSSELL CAMPBELL,
THOMAS SMITH, Warden
Civil No. 17-65-HRW
*** *** *** ***
Hugh Russell Campbell is an inmate at the Federal Correctional Institution in
Ashland, Kentucky. Proceeding without a lawyer, Campbell filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241. [D.E. No. 1]. In Campbell's
petition, he argues that his sentence is overly harsh and substantively unreasonable
because his 360-month prison term for sexually exploiting a minor will exceed his
life expectancy. [D. E. No. 1 at 3]. Campbell also states that he has health problems
and suggests that the Bureau of Prisons (BOP) improperly refused to help him obtain
a compassionate release. [D. E. No. 1 at 4].
Campbell's petition is clearly without merit. As an initial matter, Campbell's
argument regarding his 360-month prison term constitutes an impermissible
collateral attack on his sentence. That is because while a federal prisoner may
challenge the legality of his conviction or sentence in a§ 2255 motion, he generally
may not do so in a § 2241 petition. See United States v. Peterman, 249 F.3d 458,
461 (6th Cir. 2001) (explaining the distinction between a § 2255 motion and a §
2241 petition). After all, a § 2241 petition is usually only a vehicle for challenges
to actions taken by prison officials that affect the manner in which the prisoner's
sentence is being carried out, such as computing sentence credits or determining
parole eligibility. See Terrell v. United States, 564 F.3d 442, 447 (6th Cir. 2009).
The only exceptions to this rule apply when a prisoner is trying to rely on a new rule
of statutory construction, see Wooten v. Cauley, 677 F.3d 303, 307-08 (6th Cir.
2012), and Hill v. Masters, 836 F.3d 591, 599-600 (6th Cir. 2016), and that is not
the situation here. In short, Campbell cannot use his § 2241 petition as a way of
attacking his underlying sentence.
Finally, to the extent that Campbell is challenging the BOP's decision refusing
to help him obtain compassionate release, the Sixth Circuit has made it clear "that a
federal court lacks authority to review a decision by the BOP to not seek a
compassionate release for an inmate." Crowe v. United States, 430 F. App'x 484,
485 (6th Cir. 2011 ). Thus, Campbell's argument on that front is also unavailing.
Accordingly, IT IS ORDERED that:
Campbell's petition for a writ of habeas corpus pursuant to 28 U.S.C. §
2241 [D.E. No. l] is DENIED.
This action is DISMISSED and STRICKEN from the Court's docket.
A corresponding judgment will be entered this date.
This 10th day of October, 2017.
"' Henry R. Wilhoit. Jr.
United Stetoa Dl11r101 Juda•
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?