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Sowell v. Chandler

United States District Court, Fifth Circuit

December 24, 2013

TONY SOWELL, Petitioner,
v.
RODNEY W. CHANDLER, Warden, FCI-Fort Worth, Respondent.

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER

JEFFREY L. CURETON, Magistrate Judge.

This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of 28 U.S.C. 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Findings, Conclusions and Recommendations of the United States Magistrate Judge are as follows:

I. FINDINGS AND CONCLUSIONS

A. NATURE OF THE CASE

This is a petition for writ of habeas corpus by a federal prisoner pursuant to 28 U.S.C. 2241.

B. PARTIES

Petitioner Tony Sowell, Reg. No. 03009-017, is a federal prisoner currently confined in the Federal Correctional Institution in Fort Worth, Texas (FCI-Fort Worth).

Respondent Rodney W. Chandler is Warden of FCI-Fort Worth.

C. PROCEDURAL HISTORY

Thompson is serving a 20-year term of imprisonment for conspiracy to manufacture marijuana and attempting to manufacture marijuana imposed by the United States District Court for the Northern District of Florida in Case No. 1:97-CR-00032-001. (Resp't App. at 2-3) The Bureau of Prisons (BOP) calculates his projected release date as August 25, 2016. ( Id. )

D. ISSUE

In this petition, petitioner challenges the reduction in earning rate of good-conduct time (GCT) as a result of his voluntary withdrawal from the BOP's GED and literacy program while confined at the Federal Correctional Complex in Oakdale, Louisiana (FCC Oakdale), on the basis that he was not counseled regarding the negative effect his withdrawal from the program would have on the award of GCT. (Pet'r Reply at 1-3) Specifically, petitioner asserts-

[he] should receive the 54 days a year [under 18 U.S.C. ยง 3624(b)], rather than the 42 days per year he was credited during the time span from December 15, 1999-September 17, 2010 about 132 days should be credited to petitioner because he was not counseled as to the adverse effect his withdrawal from the GED program would have on his good time credit.
Counseling of an inmate concerning his withdrawal from the program, and the effect it will have on his earned good time credit is mandatory per BOP ...

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