Donell Fraser v. C. Humphrey, Warden

Summary

The United States District Court for the Eastern District of Arkansas recommends dismissing Donell Fraser’s 28 U.S.C. § 2241 petition without prejudice for lack of subject-matter jurisdiction. Fraser challenged the Bureau of Prisons’ treatment of his 18 U.S.C. § 922(g) conviction as a violent offense in calculating his PATTERN recidivism score and eligibility to apply earned time credits. The court concluded that the requested relief would not necessarily result in earlier release because Fraser would remain ineligible based on his recidivism assessment and other statutory requirements.

Holdings

1. Federal habeas jurisdiction is lacking because Fraser's requested removal of the § 922(g) violent-offense designation would not necessarily result in an earlier release.
2. The petition would also be subject to dismissal on the merits because the Bureau of Prisons has discretion under the First Step Act to treat unlawful possession of a firearm as violent for PATTERN risk-assessment purposes.

Questions Presented

1. Whether federal habeas jurisdiction exists over a § 2241 petition challenging the Bureau of Prisons' classification of a § 922(g) conviction as a violent offense for purposes of the PATTERN risk assessment and earned-time-credit eligibility.
2. Whether the petition should be dismissed because the requested relief would not necessarily result in an earlier release.
3. Whether the petition could succeed on the merits based on the Bureau of Prisons' treatment of § 922(g) convictions in the PATTERN assessment.

Disposition

dismissed