Johansson v. Strada

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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District Judge Allyne Ross

Convicted in the District of Rhode Island of manufacturing 100 or more marijuana plants in violation of 21 USC §841, Johansson was sentenced to 18 months in prison and four years of supervision. He was transferred to Brooklyn's Metropolitan Detention Center (MDC) in June. Release was set for January 2013. Seeking 28 USC §2241 habeas relief, Johansson challenged delays in transferring supervision to the District of Connecticut. He also challenged the MDC Unit Team's recommendation to the prison bureau that he be placed in home confinement as opposed to a residential re-entry center (RRC). Johansson failed to exhaust remedies under the bureau's Administrative Remedy Program. Further, his petition failed on the merits. Under the Second Chance Act, the bureau may place a prisoner where it wishes so long as it considers factors in 18 USC §3621. Based on findings after considering the statutory factors, the team recommended RRC placement in the District of Connecticut, as requested. Despite frustration over perceived delays in transfer to RRC, Johansson did not show the bureau's failure to consider the §3621 factors or application of "any invalid regulation" warranting habeas relief.

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