Williams v. Clark

MEMORANDUM DECISION AND ORDER

On September 21, 1998, petitioner Robert Eugene Williams, a federal prisoner incarcerated by the Bureau of Prisons (“BOP”) at the Federal Correctional Institute (“FCI”) Terminal Island, filed a Petition for Habeas Corpus, with supporting memorandum of points and authorities and exhibits, challenging BOP’s determination that he is not eligible for early release under 18 U.S.C. § 3621 (e)(2)(B) if he successfully completes a drug abuse treatment program. The petitioner does not challenge his criminal conviction or sentence. On December 7, 1998, respondent filed his Return. On February 3, 1999, petitioner filed his Traverse. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (c).

BACKGROUND

On March 27, 1997, in the United States District Court for the District of Colorado, petitioner pleaded guilty to, and was convicted of, one count of possession with intent to distribute cocaine base, aiding and abetting, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(iii) and 18 U.S.C. § 2 . Return, Exh. A, at 28-29, Exh. B at 33-48. On June 25, 1997, the court increased petitioner’s offense level by two levels under…