Gadson v. Bop Warden Class of Chicago M.C.C

Order In 1981, Robert Gadson was convicted of bank robbery in violation of 18 U.S.C. § 2113 and was sentenced to a ten year term of imprisonment by the United States District Court for the Eastern District of Pennsylvania. When he was paroled in July, 1986, he returned to Pennsylvania and committed more bank robberies. In 1987, Gadson pleaded guilty to five counts of bank robbery and was sentenced to a term of forty years imprisonment by the United States District Court for the Eastern District of Pennsylvania. Gadson sought relief by writ of habeas corpus, 28 U.S.C. § 2241, arguing that the Parole Commission miscalculated the term of his sentence, mitigating circumstances warrant his early release from prison and he has been subjected to an ex post facto application of the law. When he filed his petition with the Northern District Court in Illinois, he was incarcerated at the Federal Medical Center in Rochester, Minnesota. The district court held that it did not have jurisdiction to act on the motion and therefore dismissed it because Gadson did not exhaust his administrative remedies. See Mikolon v. United States, 844 F.2d 456, 460-61 (7th Cir. 1988). We affirm on other grounds.