United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND DENYING PETITION UNDER 28 U.S.C.
COHN UNITED STATES DISTRICT JUDGE.
a habeas case under 28 U.S.C. § 2241. Petitioner Mark
Jeffrey Ward, (Petitioner), a federal prisoner, filed a
pro se petition seeking relief from the Bureau of
Prisons' (BOP) determination that he is ineligible for a
sentence reduction under 18 U.S.C. § 3621(e)(2)(B) after
he successfully completed a drug treatment program.
Respondent, through the United States Attorney's Office,
filed a response, arguing that the petition is without merit.
For the reasons that follow, the petition will be denied.
November 14, 2007, Petitioner pled guilty to possession with
intent to distribute cocaine base - crack, in violation of 21
U.S.C. §§ 846, 841(a)(1) (Count One), and to
possession of stolen firearms, in violation of 18 U.S.C.
§ 922(j) and § 924(a)(2) (Count Five). United
States v. Ward, No. 07-20292 (E.D. Mich.). The plea
agreement called for a guideline range of 87-108 months,
based in part on the application of the safety valve. The
probation department, however, calculated the guideline range
as 57-71 but also concluded that Petitioner was not eligible
for the safety valve; therefore the guideline range was set
at the 120 month mandatory minimum. See 21 U.S.C.
§ 841(b) and U.S.S.G. §5G1.1.
10, 2008, the Court sentenced Petitioner to 108 months
imprisonment, the top of the guideline range. The Court found
that the safety valve did apply and therefore accepted the
sentencing range in the plea agreement. The sentence was
later reduced to fifty seven (57) months. See Docs. 30, 31.
on January 7, 2009, Petitioner was sentenced to 240 months
and 1 day by another judge in this district for possession
with intent to distribute cocaine base, in violation of 21
U.S.C. §§ 841(a)(1), 846 and 851. The sentence was
ordered to run concurrent to the sentence in 07-cr-20292. See
United States v. Ward, No. 08-cr-20327 (E.D.
November 4, 2016, President Obama granted Petitioner
executive clemency; his sentence is to expire on November 4,
2018. See Respondent's Exhibits 4, 5.
participated in the Bureau of Prisons' Residential Drug
Abuse Treatment Program (RDAP) from February 5, 2016, through
December 9, 2016. On December 9, 2016, the BOP denied
Petitioner's request for early release after his
successful completion of the RDAP. The BOP determined that
Petitioner was ineligible for the early release benefit under
18 U.S.C. §3621(e) in part because he received a
two-point sentencing enhancement for possession of a
dangerous weapon in the case before the undersigned.
exhausting his administrative remedies, Petitioner filed the
instant petition for writ of habeas corpus. Petitioner says
that he was eligible for a one year sentence reduction under
§ 3621(e)(2)(B) because he was convicted only of
28 U.S.C. § 2241 grants federal district courts
jurisdiction over writs of habeas corpus for state prisoners
only where they allege they are “in custody in
violation of the Constitution or laws or treaties of the
United States.” 28 U.S.C. 2241(c)(3). Title 28 U.S.C.
§ 2241 “is reserved for challenges to the
execution of a sentence, such as the computation of parole or
sentence credits.” Velasc ...