United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
O'CONNOR, UNITED STATES DISTRICT JUDGE.
the Court is a petition for a writ of habeas corpus pursuant
to 26 U.S.C. § 2241 filed by Petitioner, Diana Marquez,
a federal prisoner confined at FMC-Carswell, against Jody R.
Upton, warden of FMC-Carswell, Respondent. After considering
the pleadings and relief sought by Petitioner, the Court has
concluded that the petition should be denied.
is serving an aggregated 360-month term of imprisonment for
her convictions in the Western District of Texas.
Resp't's Resp. 2, doc. 10. This habeas petition
involves the Initiative on Executive Clemency (IEC) for
federal prisoners. Pet. Ex. A, ECF No. 1. According to the
“Notice to Inmates: [IEC], ” attached to the
petition as exhibit A, the Department of Justice (DOJ)
announced the IEC in April 2014 as an
“invitation” to prisoners to petition for
executive clemency, seeking to have their sentences commuted,
or reduced, by the president. Id. Prisoners were
notified that the IEC is limited to inmates who:
• Are currently serving a federal sentence in prison
and, by operation of law, likely would have received a
substantially lower sentence if convicted of the same
• Are non-violent, low-level offenders without
significant ties to large-scale criminal organizations,
gangs, or cartels;
• Have served at least 10 years of their sentence;
• Do not have a significant criminal history;
• Have demonstrated good conduct in prison; and
• Have no history of violence prior to or during their
current term of imprisonment.
Id. Petitioner neither alleges nor demonstrates that
she has filed a formal petition for clemency.
of this habeas action, Petitioner claims that former
President Obama and the DOJ exercised presidential clemency
power and executive action in violation of the United States
Constitution and federal regulations “in reviewing and
granting clemency and/or sentence commutations.” Pet.
1, ECF No. 1. Specifically, she lists the following alleged
constitutional and statutory violations (all spelling,
punctuation, and/or grammatical errors are in the original):
1. Ex Post Facto Clause violation where the DOJ changed the
criteria for qualifying for clemency, making it more onerous
to qualify under the IEC than 28 CFR §§ 1.0-1.11.
The criteria for the IEC were not in ...