United States v. Forrest

316 F. Supp. 3d 111
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 11, 2018
DocketCriminal Action No. 13–328 (RBW)
StatusPublished
Cited by1 cases

This text of 316 F. Supp. 3d 111 (United States v. Forrest) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Forrest, 316 F. Supp. 3d 111 (D.C. Cir. 2018).

Opinion

REGGIE B. WALTON, United States District Judge *113The defendant, Leonard Forrest, is currently serving a seventy-month term of imprisonment that was imposed by this Court following his plea of guilty to two counts of bank robbery, in violation of 18 U.S.C. § 2113(a). See Plea Agreement at 1 (Dec. 11, 2014); Judgment in a Criminal Case at 3 (Mar. 6, 2015). Currently pending before the Court are the defendant's pro se motions for Post[-]Conviction Relief, 18 U.S.C. [§] 21 [ ]13 ("Def.'s Pet." or "Petition") and his Demand for a Speedy Disposition Review ("Def.'s Demand"), as well as the United States' Motion to Transfer Petitioner's Pro Se Post Conviction Relief Pursuant to 18 U.S.C. § 2113 ("Gov't's Mot."), which requests that this Court transfer the defendant's submissions to the United States District Court for the Southern District of Indiana (the "Southern District of Indiana"), see Gov't's Mot. at 1. Upon consideration of the parties' submissions,1 the Court concludes that it must order further briefing from the parties before rendering a decision on the parties' motions.

I. BACKGROUND

The defendant is currently serving his term of imprisonment at a federal penitentiary in Terre Haute, Indiana. See Gov't's Mot., Exhibit ("Ex.") A (Bureau of Prisons Inmate Locator Results for Leonard Forrest) (showing that the defendant is incarcerated at the Federal Bureau of Prisons in Terre Haute, Indiana). At the time of his arrest for the conduct underlying the criminal charges in this case, the defendant was on parole for prior criminal convictions under District of Columbia law. Compare Criminal Complaint, Ex. 1 (Statement of Facts) at 1 (indicating that the defendant was arrested on December 6, 2013), with Presentence Investigation Report at 19 (Feb. 19, 2015) (indicating that the defendant was paroled in connection with the District of Columbia convictions on May 10, 2013, with a parole expiration date of December 25, 2020). Consequently, on February 21, 2014, "a parole violator warrant was issued [by the United States Parole Commission (the "Commission") ] ..., and [was] lodged as a detainer with the United States Marshal[ ]s Service" (the "February 21, 2014 detainer"). Id. at 19.2

The defendant alleges that on or about August 9, 2016, he submitted a request to the Commission for removal of the February 21, 2014 detainer. See Def.'s Demand, Ex. 1 (Affidavit of Leonard Forrest (Nov. 16, 2017) ("Forrest Aff.") ) at 1. He further alleges that on October 12, 2016, the Commission responded to his request by letter, in which it "acknowledge[d] [ ] that [it] had received the [request]" and informed him that the request had been "forwarded to the Case Service Office." Id., Ex. 1 (Forrest Aff.) at 1.3 The letter also allegedly *114"stated ... that a decision would be made [by the Commission] within [forty-five] days." Id., Ex. 1 (Forrest Aff.) at 1. Additionally, it appears that the defendant also "request[ed] a hearing in order to remove the detainer." See Def.'s Pet. at 20 (attachment to the defendant's petition is a letter purporting to be from the defendant to the Commission, but not reflecting a date or otherwise indicating that it was actually sent).4

On October 4, 2016, the defendant filed his Petition in this Court, representing that "because ... [the February 21, 2014] detainer w[as] not removed, [he is] not eligible for home-confinement [or] community release/halfway house [placement,] which would greatly assist [him] in returning as a productive member of society." Id. at 1.5 Thereafter, on December 12, 2017, the defendant filed his Demand for a Speedy Disposition Review, in which he requests that the Court order the Commission "to recall/dismiss/withdraw/close the warrant pending against him" on the grounds that the detainer "is greatly interfering with [his] rehabilitation efforts," "[h]is ability to participate in [Bureau of Prisons] programs and educational classes," and his "eligib[ility] for home confinement or ... to be moved to a lower custody facility." Def.'s Demand at 1-2. In his affidavit, the defendant additionally asserts that the Commission should remove the February 21, 2014 detainer in light of the fact that more than forty-five days have passed since the Commission sent him the October 12, 2016 letter acknowledging receipt of his request. See id., Ex. 1 (Forrest Aff.) at 1. The government having not responded to either of the defendant's submissions, the Court, on December 18, 2017, ordered the government to respond. See Order at 1 (Dec. 18, 2017), ECF No. 28. In compliance with the Court's Order, the government filed a motion requesting that the Court transfer the defendant's claims to the Southern District of Indiana. See Gov't's Mot. at 1.

II. DISCUSSION

The government argues that because the defendant's "claim[s] relate[ ] solely to the execution of [his] sentence and seek[ ] to shorten the duration of his confinement, [they] must be raised through a petition for a writ of habeas corpus." Id. at 2. It further argues that because the defendant "was at the time of filing confined ... in Terre Haute, Indiana, and ... remains confined there today, [his] ... petition cannot be considered by this Court[ ] because this Court lacks personal jurisdiction over the 'person having custody of the person detained,' as required by 28 U.S.C.

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Bluebook (online)
316 F. Supp. 3d 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-forrest-cadc-2018.