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MARQUEZ v. WARDEN

December 30, 1974

Raymond MARQUEZ, Petitioner,
v.
WARDEN, FEDERAL CORRECTIONAL INSTITUTION, et al., Respondents


Cannella, District Judge.


The opinion of the court was delivered by: CANNELLA

MEMORANDUM DECISION

CANNELLA, District Judge:

 Petitioner, Raymond Marquez (presently incarcerated at the West Street Detention Center) brings this petition seeking relief in the nature of habeas corpus under 28 U.S.C. § 2241, mandamus pursuant to 28 U.S.C. § 1361, or alternatively under the All Writs Act 28 U.S.C. § 1651, challenging a decision of the Bureau of Prisons denying his request for a furlough and/or Community Treatment Center (CTC) placement. For the reasons set forth below, the Court finds the decision of the Bureau of Prisons to be in full compliance with the relevant statutory guidelines, to have no constitutional infirmities and to be rationally based in fact.

 The present proceeding arose when Marquez, who has served sixty months of a maximum eight year term under two separate convictions for violations of federal interstate gambling and racketeering statutes, applied in August of 1974 for a furlough to visit his wife. (Marquez had previously been granted parole effective September 26, 1974.) On September 6, 1974 the officials at West Street denied Marquez' request stating that "[an] outstanding fine, special offender status, a detainer and close custody are the primary reasons for our decision."

 In October Marquez commenced the instant proceeding, and, thereafter, a hearing was held before the Court on November 21 and 22, 1974. At the conclusion thereof, the Court, with the consent of both parties, entered an order remanding the matter to the Bureau of Prisons for further consideration and the exhaustion of administrative remedies. The order further provided that petitioner's special offender status not be considered by the Bureau in reaching its disposition. See Catalano v. United States, 383 F. Supp. 346 (D.Conn.1974).

 Prior to the entry of the above order Marquez became eligible for parole but chose to decline it and to remain in prison until January 23, 1975, his mandatory release date. Having so decided, Marquez on November 22, 1974, and in anticipation of our order, submitted a new inmate request for a furlough and/or CTC so that he "could spend the holiday season with my family. Not having been with my family as an active husband and father, I feel that it would be difficult for me to resume this role after so long a period of time and a furlough (a return to my family for a limited time) will help me adjust to my life outside of prison."

 The response to this later application, dated December 9, 1974 and reached after a hearing attended by Marquez, was as follows:

 
RESPONSE -- In compliance with Judge Cannella's Court Order of Nov. 25, 1974.
 
On 11-27-74 the team committee convened to consider the above request and reached the following conclusion:
 
Your request for placement in the CTC has been denied because
 
1. You indicate the availability of independent resources, home ownership, and a substantial financial family income.
 
2. You have no identifiable treatment needs of which the CTC could provide assistance.
 
3. Placement in the CTC would provide no positive impact on your reintegration into society.
 
4. Your alleged involvement in a crime of an organized nature requires ...

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