1

 Petitioner is presently incarcerated at the Allenwood

Low Security Correctional Institution, White Deer,

Pennsylvania (“LSC-Allenwood”). 

UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

ROBERT BROWN, :

:

Petitioner : No. 4:CV-06-0262

:

vs. : (Petition Filed 2/03/06)

:

WARDEN K. HOGSTEN, : (Judge Muir)

:

Respondent :

ORDER

July 19, 2006

Petitioner, Robert Brown, an inmate formerly incarcerated

at the Allenwood Federal Correctional Institution, White Deer,

Pennsylvania1 (“FCI-Allenwood”), filed the above-captioned

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

Along with the petition, Brown filed an application to proceed

in forma pauperis. Named as the sole respondent is Karen

Hogsten, Warden of FCI-Allenwood. In his petition Brown states

that he is being “deprived of [his] liberty of interest due to

the fact that [he is] confined in prison for the duration of

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[his] sentence and not CCC [Community Corrections Center]” in

accordance with Woodall vs. Federal Bureau of Prisons, 432 F.3d

235 (3d Cir. 2005). (Doc. No. 1, petition at p. 2). For

relief, Brown requests “to be moved to a community correctional

center/home confinement placement for the remainder of [his]

sentence.” (Doc. No. 1 at p. 3). A response and traverse

having been filed, the petition is ripe for disposition. For

the reasons that follow, the petition will be denied. 

Background

On March 30, 2000, Brown was sentenced in the United States

District Court for the Southern District of New York to a 240

month term of imprisonment, a three year term of supervision,

and a felony assessment of $100.00, for conspiracy to commit

murder in violation of 18 U.S.C. § 1959(a)(5). (Doc. No. 7, Ex.

1, Declaration of Hattie Smith, Unit Manager at FCI-Allenwood,

at ¶ 4). He is currently scheduled to be released from custody

on July 13, 2016, via Good Conduct Time release. Id. The

Bureau of Prisons (“BOP”) has assigned Brown a Prerelease

Preparation Date of January 13, 2016. Id. At the time he filed

the instant petition, the BOP had not considered Brown eligible

for placement in a CCC. 

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In his petition, Brown argues that he is eligible for

immediate transfer to a CCC on the basis that “18 U.S.C. §

3621(b) does not constrain the Bureau of Prisons from

considering inmates to be in the community correctional center

program for the duration of [their] sentence.” (Doc. No. 1, p.

2). 

Discussion

Under the provisions of 18 U.S.C. § 3621(b), the BOP is

charged with the responsibility to designate the place of

imprisonment of each prisoner committed to its custody, taking

into account, inter alia, the history and characteristics of

the prisoner. 18 U.S.C. § 3621(b). Pursuant to this authority,

the BOP has promulgated Program Statement 5100.07 (“PS

5100.07”), “Security Designation and Custody Classification

Manual,” to establish a manual “of policy and instructions for

designating and redesignating inmates.” (Doc. 7, Ex. 1,

Attachment 2) “The intent of the Security Designation and

Custody Classification system is to provide staff an opportunity

to use professional judgment within specific guidelines.” (Id.

at 4.) The Constitution does not confer inmates a liberty

interest in retaining or receiving any particular security or

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custody status “[a]s long as the [challenged] conditions or

degree of confinement is within the sentence imposed . . .and is

not otherwise violative of the Constitution.” Hewitt vs. Helms,

459 U.S. 460, 468 (1983).

Similarly, it is well-settled that a prisoner has no

justifiable expectation that he will be incarcerated in a

particular prison or facility. Olim vs. Wakinekona, 461 U.S. 238

(1983). With respect to federal prisoners, the BOP has the

power, pursuant to 18 U.S.C. § 3621(b),“to designate the place

of confinement for purposes of serving” sentences of

imprisonment. Barden vs. Keohane, 921 F.2d 476 (3d Cir. 1991).

To the extent that federal law provides that prisoners may

serve the last portion of their imprisonment under conditions

that will facilitate their transition from prison life to the

community by placing them in community confinement, the

controlling statute for placement of an inmate in pre-release

custody near the end of sentence is 18 U.S.C. § 3624(c), which

in pertinent part provides: 

The Bureau of Prisons shall, to the extent practicable,

assure that a prisoner serving a term of imprisonment

spends a reasonable part, not to exceed six months, of

the last 10 per centum of the term to be served under

conditions that will afford the prisoner a reasonable

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2Pursuant to Section 8 of the BOP's policy statement

regarding CCC placement, see BOP Program Statement 7310.04,

Community Corrections Center (CCC) Utilization and Transfer

Procedures, in order to facilitate CCC placement, a final and

specific release preparation plan–including a decision as to

CCC referral– is normally established at a Unit Team meeting

no later than 11 to 13 months before an inmate's projected

release date. (See Doc. No. 7, Ex. 1, Attachment 2, p. 20). 

5

opportunity to adjust to and prepare for the prisoner’s

re-entry into the community. The authority provided in

this subsection may be used to place a prisoner in home

confinement. 

Under this provision, Brown could be considered for

placement in a CCC for the last six months of his sentence.

However, a transfer to a CCC at this time would be premature, as

Brown has a projected release date of July 13, 2016, via good

conduct time release and a Unit Team will not prepare a release

plan and make a determination as to the amount, if any, of CCC

placement, until 11 to 13 months prior to Brown's release date.2

(Doc. No. 7, Ex. 1 at ¶ 11). At that time, if Brown is confined

in an institution in the Third Circuit, the Unit Team’s CCC

placement decision will be governed by Woodall vs. Federal

Bureau of Prisons, 432 F.3d 235 (3d Cir. 2005). Id. ¶ 12.

In Woodall, the Third Circuit Court of Appeals found that

the BOP's regulations regarding placement in a halfway house or

CCC, specifically, 28 C.F.R. §§ 570.20 and 570.21 were invalid

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because they did not take into account all of the necessary

factors set forth in 18 U.S.C. § 3621 which Congress required

the BOP to consider in promulgating those regulations. As a

result, BOP staff are now required to fully consider the

following factors set forth in 18 U.S.C. § 3621(b): (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 pursuant to § 994(a)(2) of Title 28.

Id. at ¶ 13; 18 U.S.C. § 3621(b).

Moreover, at that time, staff will consider other

appropriate factors routinely used in these decisions, such as

correctional and population management interests (length of

sentence, seriousness of current offense, criminal history,

institution conduct, programming needs of the inmate,

availability of facilities, public safety, threat to the

community, community ties, release residence, employment and

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education history, and economic resources). Id. at ¶ 14.

However, at this point in time, Brown is not entitled to

placement in any particular facility, and his petition for writ

of habeas corpus will be denied. 

IT IS HEREBY ORDERED THAT:

1. The petition for writ of habeas corpus (Doc.

No. 1) is DENIED.

2. Petitioner's motion for summary judgment

(Doc. No. 6) is DENIED. 

3. The Clerk of Court is directed to CLOSE this

case.

s/Malcolm Muir 

MUIR

United States District Judge

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