United States District Court, D. Minnesota
James G. Dudgeon, Petitioner,
Warden M. Rios, Respondent.
G. DUDGEON, PRO SE.
VOSS, ANN M. BILDTSEN, AND ERIN M. SECORD, UNITED STATES
ATTORNEYS FOR RESPONDENT.
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
matter is before the Court on Petitioner James G.
Dudgeon's Petition for a Writ of Habeas Corpus [Doc. No.
1] under 28 U.S.C. § 2241 and Motion for Immediate
Transfer to Home Confinement [Doc. No. 2]. For the reasons
set forth below, the petition is denied without prejudice and
the motion is denied.
who is 61 years old, is serving a two-year term of
imprisonment at the Federal Prison Camp in Duluth, Minnesota
(“FPC-Duluth”), for aggravated identity theft.
(Boldt Decl. [Doc. No. 15] ¶ 4; Pet. ¶ 13.) He
seeks immediate placement in the elderly home confinement
pilot program. (Pet. at 6-7; Mot. at 4.) He asserts that he
has petitioned staff at the Bureau of Prisons
(“BOP”) for placement in this program and they
have denied his requests. (Mot. at 2.)
order to address Dudgeon's petition and motion, the Court
first addresses his projected release date from federal
custody. The First Step Act of 2018 modified the calculation
of federal prisoners' good time credit, providing for 54
days of such credit for each year of a prisoner's
“sentence imposed by the court.” 132 Stat. 5194,
5210 (2018). When Dudgeon filed the instant habeas petition
on June 6, 2019, he had a projected release date of February
11, 2020, based on a projection of 94 days of good time
credit for good conduct. (Boldt Decl. ¶ 4.)
the First Step Act was enacted on December 21, 2018, the
amendments relating to the recalculation of good time credit
did not go into effect until the Attorney General developed
and released a risk and needs assessment, see 132
Stat. at 5196, 5210, 5213, which was effective on July 19,
2019. See Butler v. Warden, FCI Ray Brook,
No. 9:18-cv-1354 (LEK), 2019 WL 3547500, at *6 (N.D.N.Y. Aug.
5, 2019). The BOP has now revised Dudgeon's sentence
computation to reflect the change in good time credit under
the First Step Act. (Boldt Decl. ¶ 6.) Under the revised
computation, Dudgeon now has a projected release date of
January 28, 2020, based on a projection of 108 days of good
time credit. (Id.) To the extent that Dudgeon's
Petition seeks a recalculation of good time credit it is
moot, as the BOP has recalculated his good time credit and
release date, consistent with the amendments discussed above.
First Step Act also expanded transitional residential
opportunities, including home confinement, for elderly and
terminally ill inmates. The elderly inmate home confinement
pilot program, codified at 34 U.S.C. § 60541(g),
provides for the placement of eligible elderly offenders from
BOP facilities to home detention. It is not a
“release” from imprisonment because eligible
offenders will continue to serve their sentences in home
confinement. See Schlegel v. Rios, No. 19-cv-338
(SRN/ECW), 2019 WL 3417053, at *3 (D. Minn. June 18, 2019),
aff'd, 2019 WL 3412207 (D. Minn. July 29, 2019).
An “eligible elderly offender” refers to an
offender in BOP custody
(i) who is not less than 60 years of age;
(ii) who is serving a term of imprisonment that is not life
imprisonment based on conviction for an offense or offenses
that do not include any crime of violence (as defined in
section 16 of Title 18), sex offense (as defined in section
20911(5) of this title), offense described in section
2332b(g)(5)(B) of Title 18, or offense under chapter 37 of
Title 18, and has served 2/3 of the term of imprisonment to
which the offender was sentenced;
(iii) who has not been convicted in the past of any Federal
or State crime of violence, sex offense, or other offense
described in clause (ii);
(iv) who has not been determined by the Bureau of Prisons, on
the basis of information the Bureau uses to make custody
classifications, and in the sole discretion of the Bureau, to
have a history of violence, or of engaging in conduct