United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
ALLISON D. BURROUGHS UNITED STATES DISTRICT JUDGE
December 12, 2016, petitioner Rafil Dhafir, a prisoner
incarcerated at FMC Devens in Ayer, Massachusetts, filed a
petition for mandamus or alternatively a petition for a writ
of habeas corpus under 28 U.S.C. § 2241 with an
incorporated memorandum in support. Dhafir claims that
respondent has improperly determined that he is ineligible
for compassionate release under 18 U.S.C § 3582(c). For
the reasons stated below, the petition for habeas corpus
pursuant to 28 U.S.C. § 2241 is hereby DENIED
and this action is hereby DISMISSED.
Federal Bureau of Prisons (“BOP”) maintains
eligibility qualification criteria for Reduction in Sentence
(“RIS”) requests by inmates for implementation of
18 U.S.C. § 3582(c)(1)(A). See Bureau of
Prisons Program Statement 5050.49, Compassionate
Release/Reduction in Sentence: Procedures for Implementation
of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g) (March
25, 2015). Pursuant to PS 5050.49(4)(c), one criteria for RIS
eligibility relates to elderly inmates as follows:
c. Other Elderly Inmates. Inmates age 65 or older who have
served the greater of 10 years or 75% of the term of
imprisonment to which the inmate was sentenced.
PS 5050.49(4)(c). On April 30, 2016, Dhafir filed an internal
grievance at FMC-Devens, requesting that BOP file an RIS
motion because he believed that he qualified because of his
age and having served more than ten years of his 22-year
sentence. [ECF No. 1-1 at 1-2]. Dhafir argued that the 75%
requirement was applicable to inmates who have less than a
ten year sentence. Id.
16, 2016, FMC Devens' Unit Manager denied Dhafir's
You state that you meet the criteria for a RIS because you
have served over 13 years of your prison sentence, which is
greater than the stated 10 years which are required. However,
this does not completely satisfy the requirement because it
states that you must be over the age of 65 and having served
the greater of 10 years or 75% of your sentence. You
have not yet served 75% of your sentence so you do not
qualify at this time for RIS.”
[ECF No. 1-1 at 2 (emphasis in original)].
18, 2016, Dhafir filed a Request for Administrative remedy
appealing the Unit Manager's decision to FMC Devens'
Warden Jeffrey Grondolsky. [ECF No. 1-1 at 3]. Dhafir argued,
again, that the 75% requirement was applicable to inmates who
were serving a sentence of less than ten years. Id.
On June 16, 2016, Warden Grondolsky denied the appeal,
concurring with the Unit Manager's assessment of
Dhafir's ineligibility. Id. Specifically, the
Warden stated that Dhafir had failed to make a proper
request, but that he did not meet the criteria for a
reduction in sentence because he had not served the greater
of 10 years or 75% of his sentence. Id.
October 11, 2016, Dhafir's further appeal of the denial
of his RIS request was denied. Consistent with the Warden and
Unit Manager, BOP's National Inmate Appeals Administrator
Title 18 of the United States Code, §3582(c)(1)(A),
allows a sentencing court, on motion of the Director of BOP,
to reduce a term of imprisonment for extraordinary and
compelling reasons. Pursuant to Program Statement No.
5050.49., Compassionate Release/Reduction in Sentence:
Procedures for Implementation of 18 U.S.C. §§
3582(c)(1)(A)…consideration for a RIS may be given to
an inmate who is age 65 or older and who has served the
greater of 10 years or 75 percent of the term of imprisonment
to which he was sentenced….[Y]ou were sentenced to a
264 month (22 years) sentence by the U.S. District Court,
Northern District of New York. Your projected Good Conduct
Time release date is April 26, 2022. You are 68 years old and
have served over 13 years and ...