Jamar Green v. Warden F. Garza

Summary

The United States District Court for the Middle District of Pennsylvania dismissed Jamar Green’s 28 U.S.C. § 2241 petition seeking twelve months of home confinement under the Second Chance Act. The court held that placement in home confinement or a community correctional facility is within the Bureau of Prisons’ discretion and that the court lacked authority to order such placement. The court did not resolve the respondent’s alternative argument concerning a Virginia detainer, but encouraged investigation of the detainer’s validity.

Holdings

1. The Second Chance Act does not entitle or guarantee a prisoner placement in a community correctional facility or home confinement for any specific period, including twelve months.
2. The court lacked jurisdiction or authority to order the BOP to place Green in home confinement under the Second Chance Act, because such placement decisions are committed to the BOP's discretion.
3. The court did not decide whether the Virginia detainer made Green ineligible for prerelease placement because the lack-of-authority determination independently required dismissal.

Questions Presented

1. Whether a federal prisoner is entitled to twelve months of home confinement under the Second Chance Act.
2. Whether a district court has authority under 28 U.S.C. § 2241 to order the BOP to place a prisoner in home confinement under the Second Chance Act.
3. Whether the court needed to decide whether Green was ineligible for prerelease placement because of a Virginia detainer.

Disposition

dismissed