EDWARD J. WEDELSTEDT v. RON WILEY, WARDEN, FEDERAL CORRECTIONAL INSTITUTION—CAMP FLORENCE, COLORADO

477 F.3d 1160, 2007 U.S. App. LEXIS 3701
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 20, 2007
Docket06-1461
StatusPublished
Cited by47 cases

This text of 477 F.3d 1160 (EDWARD J. WEDELSTEDT v. RON WILEY, WARDEN, FEDERAL CORRECTIONAL INSTITUTION—CAMP FLORENCE, COLORADO) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
EDWARD J. WEDELSTEDT v. RON WILEY, WARDEN, FEDERAL CORRECTIONAL INSTITUTION—CAMP FLORENCE, COLORADO, 477 F.3d 1160, 2007 U.S. App. LEXIS 3701 (10th Cir. 2007).

Opinions

MURPHY, Circuit Judge.

I. INTRODUCTION

Petitioner-Appellee Edward J. Wedel-stedt, a federal inmate housed at the Federal Prison Camp in Florence, Colorado, applied to the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Wedelstedt challenged the lawfulness of Bureau of Prisons (“BOP”) regulations prohibiting his transfer to a Community Correctional Center (“CCC”) until ten percent of his sentence remains. Wedel-stedt argued the regulations, codified at 28 C.F.R. §§ 570.20 and 570.21, are inconsistent with clear congressional intent articulated in 18 U.S.C. § 3621(b). Adopting the reasoning of the Second, Third, and Eighth Circuits, which previously considered the same issue and invalidated the regulations, the district court granted Wedelstedt’s writ and ordered the BOP to consider placing Wedelstedt in a CCC without regard to the BOP regulations. Wedelstedt v. Wiley, No. 06-cv-01337, 2006 WL 2475268, at *5 (D.Colo. Aug. 24, 2006).1

Respondent-Appellant, Ron Wiley, Warden of the Florence Federal Correctional Institution, filed a timely appeal. Respondent contends the regulations are prem[1162]*1162ised on a reasonable interpretation of 18 U.S.C. § 3621(b) and § 3624(c), are permissible under Lopez v. Davis, 531 U.S. 230, 121 S.Ct. 714, 148 L.Ed.2d 635 (2001), and were promulgated in accordance with the Administrative Procedure Act.

Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court adopts the reasoning of the Second, Third, and Eighth Circuits. The BOP regulations contradict Congress’ clear intent that all inmate placement and transfer decisions be made individually and with regard to the five factors enumerated in 18 U.S.C. § 3621(b). The regulations at issue supplant the five factors and, therefore, are invalid. This court, accordingly, affirms the district court’s grant of Wedelstedt’s habeas writ and its order that Wedelstedt be considered for CCC placement without regard to 28 C.F.R. §§ 570.20 and 570.21.

II. BACKGROUND

A. Regulatory and Statutory Provisions Section 570.21 of the BOP’s regulations states the BOP “will designate inmates to community confinement only ... during the last ten percent of the prison sentence being served, not to exceed six months.” 28 C.F.R. § 570.21(a). Section 570.20 establishes the purpose of the regulations as a “categorical exercise of discretion for designating inmates ... to community confinement only as part of pre-release custody and programming which will afford the prisoner a reasonable opportunity to adjust to and prepare for re-entry into the community.” 28 C.F.R. § 570.20(a). The BOP’s notice accompanying the publication of its proposed rules explained that its prohibition on placing inmates in CCCs prior to the final portion of their sentences was consistent with considerations articulated by Congress in 18 U.S.C. § 3621(b), sentencing policy articulated by Congress in 18 U.S.C. § 3624(c), Congress’ general interest in deterring future criminal conduct, and policies articulated by the United States Sentencing Commission in § 5C1.1 of the Sentencing Guidelines. See Community Confinement, 69 Fed.Reg. 51213, 51214-15 (proposed Aug. 18, 2004) (to be codified at 28 C.F.R. pt. 570).2 The BOP identified 18 U.S.C. § 3621(b) as authorizing this categorical exercise of discretion, and viewed the promulgation of a categorical rule as permissible under Lopez. Id. at 51213; see also Community Confinement, 70 Fed.Reg. 1659, 1659, 1661 (Jan. 10, 2005) (codified at 28 C.F.R. pt. 570).

The statute Respondent alleges authorized the promulgation of §§ 570.20 and 570.21, 18 U.S.C. § 3621(b), confers qualified discretion on the BOP to designate a prisoner’s place of imprisonment. Section 3621(b) provides in relevant part:

The Bureau of Prisons shall designate the place of the prisoner’s imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau..., considering—
(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
[1163]*1163(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.

18 U.S.C. § 3621(b).

Section 3624(c), the provision on which Respondent relies for the position that CCC facilities can only be considered as “places of imprisonment” for the last portion of a prisoner’s sentence, addresses the BOP’s affirmative obligations to a prisoner as the prisoner nears the end of a term of imprisonment. The statute directs

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Cite This Page — Counsel Stack

Bluebook (online)
477 F.3d 1160, 2007 U.S. App. LEXIS 3701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-j-wedelstedt-v-ron-wiley-warden-federal-correctional-ca10-2007.