Marquez v. Warden, Federal Correctional Institution

387 F. Supp. 565, 1974 U.S. Dist. LEXIS 11378
CourtDistrict Court, S.D. New York
DecidedDecember 30, 1974
DocketNo. 74 Civ. 4493 (JMC)
StatusPublished
Cited by1 cases

This text of 387 F. Supp. 565 (Marquez v. Warden, Federal Correctional Institution) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marquez v. Warden, Federal Correctional Institution, 387 F. Supp. 565, 1974 U.S. Dist. LEXIS 11378 (S.D.N.Y. 1974).

Opinion

MEMORANDUM DECISION

CANNELLA, District Judge:

Petitioner, Raymond Marquez (presently incarcerated at the West Street Detention Center) brings this petition seeking relief in the nature of habeas corpus under 28 U.S.C. § 2241, mandamus pursuant to 28 U.S.C. § 1361, or alternatively under the All Writs Act 28 U.S.C. § 1651, challenging a decision of the Bureau of Prisons denying his request for a furlough and/or Community Treatment Center (CTC) placement. For the reasons set forth below, the Court finds the decision of the Bureau of Prisons to be in full compliance with the relevant statutory guidelines, to have no constitutional infirmities and to be rationally based in fact.

The present proceeding arose when Marquez, who has served sixty months of a maximum eight year term under two separate convictions for violations of federal interstate gambling and racketeering statutes, applied in August of 1974 for a furlough to visit his wife. (Marquez had previously been granted parole effective September 26, 1974.) On September 6, 1974 the officials at West Street denied Marquez’ request stating that “[a]n outstanding fine, special offender status, a detainer and close custody are the primary reasons for our decision.”

In October Marquez commenced the instant proceeding, and, thereafter, a hearing was held before the Court on November 21 and 22, 1974. At the conclusion thereof, the Court, with the consent of both parties, entered an order remanding the matter to the Bureau of Prisons for further consideration and the exhaustion of administrative remedies. The order further provided that petitioner’s special offender status not be considered by the Bureau in reaching its disposition. See Catalano v. United States, 383 F.Supp. 346 (D.Conn.1974).

Prior to the entry of the above order Marquez became eligible for parole but chose to decline it and to remain in prison until January 23, 1975, his mandatory release date. Having so decided, Marquez on November 22, 1974, and in anticipation of our order, submitted a new inmate request for a furlough and/or CTC so that he “could spend the holiday season with my family. Not having been with my family as an active husband and father, I feel that it would be difficult for me to resume this role after so long a period of time and a furlough (a return to my family for a limited time) will help me adjust to my life outside of prison.”

[567]*567The response to this later application, dated December 9, 1974 and reached after a hearing attended by Marquez, was as follows:

RESPONSE — In compliance with Judge Cannella’s Court Order of Nov. 25, 1974.
On 11-27-74 the team committee convened to consider the above request and reached the following conclusion: Your request for placement in the CTC has been denied because
1. You indicate the availability of independent resources, home ownership, and a substantial financial family income.
2. You have no identifiable treatment needs of which the CTC could provide assistance.
3. Placement in the CTC would provide no positive impact on your reintegration into society.
4. Your alledged [sic] involvement in a crime of an organized nature requires Central Office approval.
Your request for a furlough has been denied because
1. You are not classified as full minimum custody.
2. A detainer is currently lodged against you.
3. The U.S. Probation Officer, who was contacted in compliance with furlough procedures, objected to a furlough.
4. You have been identified as being involved in large scale, organized criminal activity.

On December 16, 1974 this denial was affirmed by the Regional Office and, finally, on December 20, 1974 by the Central Office which stated:

We have reviewed the case of Raymond Marquez, # 69180-158, raising the issue of his transfer to a Community Treatment Center or a furlough, and we find he is not suitable for either.
Transfer to a Community Treatment Center is not appropriate since he has significant family and financial resources in the community and because the CTC program would not likely have an effect on lessening his chances of recidivism.
Furlough is not appropriate since he has a substantive detainer and close custody, because the supervising U.S. Probation Officer objects, because of his proximity to release, and the fact that family visiting is readily available locally, where now confined.
The Special Offender designation was not a consideration in the denial of transfer to a CTC or furlough. This decision is based on the factors cited in the two preceding paragraphs, totally independent of the Special Offender designation.

The Court has jurisdiction in this matter under 28 U.S.C. § 2241. Marquez is challenging both the place and condition of his confinement, alleging that he is in West Street in violation of 18 U.S.C. § 4082(c) pursuant to which he should be placed in a CTC or given a furlough. See Preiser v. Rodriguez, 411 U.S. 475, 499, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973); Wilwording v. Swenson, 404 U.S. 249, 251, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971) (per curiam); Williams v. Richardson, 481 F.2d 358, 360 (8th Cir. 1973); Leahy v. Estelle, 371 F.Supp. 951, 953-954 (N.D.Tex.1974); Gomez v. Miller, 341 F.Supp. 323, 328 (S.D.N.Y.1972) (three-judge court), aff’d 412 U.S. 914, 93 S.Ct. 2728, 37 L.Ed.2d 141 (1973). Having fully exhausted all administrative remedies this matter is ripe for consideration by this Court.

The question before the Court is whether or not the Bureau of Prisons acted in conformity with the terms and intent of 18 U.S.C. § 4082(c). Marquez makes no claim that he was denied procedural due process or that he was subject to any unconstitutional treatment other than the arbitrariness and capriciousness with which his requests were denied.

[568]*568In reviewing the administrative determination of the Bureau of Prisons to deny Marquez a furlough or CTC placement, the scope of this Court’s inquiry is limited. The Court has neither the power nor the expertise to determine when a furlough or CTC placement will prove useful as a rehabilitative device, or will merely result in an administrative reduction of sentence.

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Bluebook (online)
387 F. Supp. 565, 1974 U.S. Dist. LEXIS 11378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquez-v-warden-federal-correctional-institution-nysd-1974.