Bourke v. Hawk-Sawyer

On Motion for Summary Reversal The question presented by this appeal is whether a federal prisoner claiming the Bureau of Prisons unlawfully declared him ineligible to be considered for a reduction of sentence may challenge that determination by a petition for mandamus. We hold that he may not; a writ of habeas corpus is the exclusive remedy for such a claim. Appellee Michael Bourke was convicted in the United States District Court for the District of Hawaii of violating 18 U.S.C. s 922(o)(1) (possession of a machine gun), and 21 U.S.C. s 841(a) (possession of a controlled substance). Bourke is serving his sentence in a federal prison in Texas.