Rodriguez

I. FACTS AND PROCEDURAL HISTORY

A. Factual Background

Rodriguez pled guilty to charges of conspiracy to distribute methamphetamine and money laundering, and, in April, 2001, was sentenced to 195 months in federal prison. His projected release date is November 11, 2013.

When Rodriguez was advised that he would not be eligible for consideration for RRC placement until 11-13 months immediately preceding his projected release date, he filed a petition for a writ of habeas corpus challenging the BOP regu- lations that prevented him from being immediately considered 1 Although the parties both agree that RRCs were formally referred to as Community Correction Centers (CCCs) and are commonly known as “halfway houses,” Smith refers to them as RRCs and Rodriguez uses the term CCC. This opinion will use the term RRC throughout. RODRIGUEZ v. SMITH 12259 for RRC placement. The petition asserted that the BOP’s pol- icy directly conflicts with 18 U.S.C. § 3621(b). Having served “over 60 percent” of his sentence, Rodriguez argued that he was eligible for consideration for a less restrictive placement.

The magistrate judge recommended that the district court grant…