Barton Lee MURPHY, Petitioner-Appellant, v. Robert A. HOOD, Warden, FCI Sheridan, Oregon, Respondent-Appellee

Petitioner Barton Lee Murphy (Murphy) appeals from the district court’s denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . The petition was filed after he was admitted to the Bureau of Prison’s (BOP) drug treatment program but was later denied the opportunity to complete the program because he was deemed a flight risk based upon a prior escape conviction. This determination resulted in Murphy’s ineligibility for a reduction in the time he would be required to serve. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1991, Murphy was convicted of thirteen drug charges in the District of New Mexico, including conspiracy to possess with intent to distribute cocaine. His sentences were enhanced by a prior importation of cocaine conviction from 1984. On the conspiracy count, Murphy was sentenced to 120 months imprisonment to be followed by an eight year period of supervised release. Sentences on all other counts were ordered to run concurrently with the conspiracy count.

On December 5, 1992, while serving his prison sentences at the unsecured minimum security federal prison camp at La Tuna, Texas, Murphy escaped by walking away. Murphy fled to Mexico…