Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hansen v. Rios

United States District Court, D. Minnesota

September 19, 2019

RANDAL KENT HANSEN, Petitioner,
v.
WARDEN M. RIOS, Respondent.

          Randal Kent Hansen, FPC Duluth, P.O. Box 1000, Duluth, MN 55814, pro se petitioner.

          Ana H. Voss, Ann M. Bildtsen, and Erin M. Secord, Assistant United States Attorneys, UNITED STATES ATTORNEY’S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis MN 55415, for respondent.

          AMENDED MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION

          JOHN R. TUNHEIM CHIEF JUDGE UNITED STATES DISTRICT COURT

         Petitioner Randal Kent Hansen is serving a 108-month sentence after a jury convicted him of mail and wire fraud. See United States v. Hansen, 791 F.3d 863, 865 (8th8th Cir. 2015) (affirming the conviction). Hansen seeks a writ of habeas corpus under 28 U.S.C. § 2241 and has also filed a Petition/Motion for Immediate Release. Hansen asserts that he must be released immediately under the Second Chance Act as he is over 60 years old and has served two-thirds of his sentence.

         Because the Court has no authority to grant a prisoner home detention under 34 U.S.C. § 60541(g), the Court will overrule Hansen’s objections, adopt the Report and Recommendation (“R&R”) issued by the Magistrate Judge, and deny Hansen’s Petitions.

         BACKGROUND

         Hansen is a 71-year-old man currently incarcerated at the Federal Prison Camp in Duluth, Minnesota (“FPC Duluth”). (Pet. at 1, 7; February 14, 2019; Docket No. 1). He is serving a 108-month term of imprisonment imposed by Judge Karen Schreier of the United States District Court of South Dakota. (Id. at 1; Decl. of Misty Jones (“Jones Decl.”) ¶ 6, June 6, 2019, Docket No. 11).

         Hansen filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and a Petition/Motion for Immediate Release on February 14, 2019. (Pet.; Motion, February 14, 2019, Docket No. 3.) Hansen argued that he is eligible for relief under the Second Chance Act, and that as a result he must be released immediately. The Government answered the Petition on June 10, 2019. (Response, June 10, 2019, Docket No. 9.) Hansen filed a Reply on June 27, 2019. (Reply, June 27, 2019, Docket No. 13.)

         The Magistrate Judge issued an R&R recommending that Hansen’s Petition for Habeas Corpus be denied and dismissed with prejudice, and that Hansen’s Petition/Motion for Immediate Release be denied. (R&R at 6, July 18, 2019, Docket No. 14.) Hansen filed his Objections to the R&R on August 1, 2019. (Obj. to R. & R., Aug. 1, 2019, Docket No. 15.)

         DISCUSSION

         I. STANDARD OF REVIEW

         Upon the filing of an R&R by a magistrate judge, “a party may serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2); accord D. Minn. LR 72.2(b)(1). “The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed.R.Civ.P. 72(b)(3); accord D. Minn. LR 72.2(b)(3). “The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3); accord D. Minn. LR 72.2(b)(3).

         Hansen objects to the R&R’s recommendation that his Petition and Petition/Motion be denied and dismissed. The Court will review the related findings de novo.

         II. THE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.