Robeson v. English
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Adopting 11 Report and Recommendation. (Written Opinion). Signed by Senior Judge David S. Doty on 10/15/2012. (PJM) (cc: Jasmine R. Robeson) Modified text on 10/15/2012 (jz).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-647(DSD/JSM)
Jasmine R. Robeson,
N.C. English, Warden,
This matter is before the court upon the pro se objection by
petitioner Jasmine R. Robeson to the September 17, 2012, report and
recommendation of Magistrate Judge Janie S. Mayeron. Based on a de
novo review of the file, record and proceedings herein, and for the
following reasons, the court adopts the report and recommendation
in its entirety.
magistrate judge’s report and recommendation, and the court only
summarizes those facts necessary to resolve Robeson’s objections.
On December 16, 2003, Robeson pleaded guilty to Conspiracy to
Possess with Intent to Distribute Cocaine Base.
Pet. Attach., at
2. Robeson was sentenced to 121 months in prison, followed by five
years of supervised release.1
Pet. ¶ 4.
Robeson is incarcerated
at the Federal Correctional Institution in Waseca, Minnesota (FCI
Id. ¶ 1.
Robeson is scheduled for release from federal
custody on May 28, 2013.
On January 5, 2011, FCI Waseca recommended that Robeson spend
the last 150 to 180 days of her sentence in a residential reentry
Id. ¶ 4.
As such, Robeson is scheduled for transfer
to Volunteers of America, a RRC in Baltimore, Maryland, on December
Id. ¶ 5.
After receiving her RRC determination, Robeson
submitted a Request for Administrative Remedy, seeking to increase
her RRC placement to twelve months.
Id. ¶ 6.
FCI Waseca denied
this request, and Robeson appealed to the regional office of the
Bureau of Prisons (BOP).
appeal on February 21, 2012.
BOP central office.
The regional office denied the
Robeson did not appeal to the
On March 12, 2012, Robeson filed the present petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241, alleging that
FCI Waseca officials acted in an arbitrary and capricious manner
and did not
act in good faith when denying her request for
additional RRC time.
The magistrate judge recommends that the
petition be denied and dismissed with prejudice, because the
Robeson’s sentence was subsequently reduced to 120 months,
pursuant to 18 U.S.C. § 3582(c)(2). Buege Decl. ¶ 4.
decision to place Robeson in a RRC for 150 to 180 days was fully
within the discretion of the BOP.
Robeson objects to the report
and recommendation and incorporates the arguments previously set
forth in her petition and response.
Pet.’s Resp. 2.
magistrate judge de novo.
See 28 U.S.C. § 636(b)(1)(C); Fed. R.
Civ. P. 72(b)(3); D. Minn. LR 72.2(b).
Robeson argues that the
decision by FCI Waseca to place her in a RRC for 150 to 180 days is
arbitrary and capricious and in violation of the Second Chance Act
Under the Second Chance Act of 2007,
The director of 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 that prisoner a reasonable
opportunity to adjust to and prepare for the
The magistrate judge correctly noted that Robeson did not
exhaust her administrative remedies. Robeson failed to appeal the
denial of her Request for Administrative Remedy to the BOP Central
Office, and this alone warrants dismissal of the petition. See
United States v. Tindall, 455 F.3d 885, 888 (8th Cir. 2006).
Exhaustion, however, is not a jurisdictional prerequisite, and the
court considers the merits of the petition. See Lueth v. Beach,
498 F.3d 795, 797 n.3 (8th Cir. 2007).
reentry of that prisoner into the community.
Such conditions may include a community
18 U.S.C. § 3624(c)(1).
This provision must be read, however, in
conjunction with the BOP’s general authority to assign places of
See id. § 3624(c)(4) (noting that “[n]othing in
this subsection shall be construed to limit or restrict authority
of the Bureau of Prisons under section 3621”).
The BOP has broad
discretion under 18 U.S.C. § 3621(b) “to choose the location of an
inmate’s imprisonment, so long as the factors enumerated in the
statute are considered.”
Fegans v. United States, 506 F.3d 1101,
In making a location decision, the BOP must consider:
the nature and circumstances of the
the history and characteristics of the
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
The terms “residential reentry center” and “community
correctional facility” are interchangeable. See Stanko v. Rios,
No. 08-4991, 2009 WL 1303969, at *1 n.1 (D. Minn. May 8, 2009).
A RRC is a place of imprisonment.
F.3d 752, 755 n.3 (8th Cir. 2008).
Miller v. Whitehead, 527
issued by the Sentencing Commission
pursuant to section 994(a)(2) of
considered each of these criteria in its “Review for Residential
Reentry Center” decision.
See Buege Decl. Attach. B.
Robeson offers no evidence that the consideration of the § 3621(b)
factors was “other than in good faith.”
Miller v. Whitehead, 527
F.3d 752, 758 (8th Cir. 2008).
Therefore, the duration of the RRC
dismissal of Robeson’s petition is warranted.
Accordingly, based on the above, IT IS HEREBY ORDERED that:
Petitioner’s objection [ECF No. 14] to the magistrate
judge’s report and recommendation is overruled;
The magistrate judge’s report and recommendation [ECF No.
11] is adopted;
Petitioner’s application for a writ of habeas corpus [ECF
No. 1] is denied;
Petitioner’s application to proceed in forma pauperis
[ECF No. 2] is denied as moot; and
This action is dismissed with prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
October 15, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court
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