Lawrence Simmons v. Robert J. Christensen, Warden

Lawrence Simmons, a federal prisoner, appeals the dismissal of his 28 U.S.C. § 2241 habeas corpus petition. He contends that the Bureau of Prisons violated his constitutional rights by rejecting a United States Parole Commission’s recommendation to reduce his sentence pursuant to 18 U.S.C. § 4205 (g). No constitutional right was violated.

In December 1981, Simmons received a 25-year sentence for armed robbery. The following year, the Parole Commission recommended a presumptive parole date of 100 months with a condition of drug aftercare. On September 17, 1983, a Regional Parole Commissioner sent a memo to the prisoner’s warden recommending that the Director of the Bureau of Prisons consider a motion under 18 U.S.C. § 4205 (g) for reduction of Simmons’ minimum sentence from 100 to 72 months. Simmons’ unit manager did not recommend that Simmons be considered for a reduction in sentence pursuant to 18 U.S.C. § 4205 (g), and instead recommended that he be continued to his presumptive parole date of October 9, 1989. The Warden subsequently agreed with the Unit Manager’s assessment, and the Parole Commissioner’s recommendation was rejected.

Simmons contends that the September 17, 1983…