Rodriguez v. Copenhaver, No. 14-16399 [May 25, 2016]
Rainwater Law Group
Rodriguez filed a 2241 habeas petition challenging the BOP’s denial of a discretionary nunc pro tunc designation of a state prison for service of his federal sentence pursuant to 18 U.S.C. § 3621(b). The Court held that the district court erred by dismissing the petition for lack of jurisdiction because it had jurisdiction to consider his “claims as the BOP violated the Constitution, exceeded its statutory authority, or acted contrary to established federal law.” The court further held, “that the BOP acted contrary to 3621(b)(4) requirement that the BOP consider “any statements by the court that imposed sentence” when it relied on a letter from a judge who was not the sentencing judge and who had been formally recused as having an actual conflict. Remanded to consider Rodriguez’s request without the letter from the recused judge