Federal Court

Anderson v. Garza

A habeas case in the ND of Ohio.

Pro Se Petitioner Joshua Gary Anderson is a court-martialed prisoner currently confined in FCI Elkton in Lisbon, Ohio.
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Petitioner is a prolific litigant[.] See Anderson v. United States, No. 22-0125/NA, 82 M.J. 276 (C.A.A.F. March 22, 2022) (writ-appeal petition summarily dismissed for lack of jurisdiction); In re Anderson, No. XXXXXXXXX, 2022 CCA LEXIS 3 (N-M. Ct. Crim. App. Jan. 5, 2022) (dismissing petition for extraordinary relief in the nature of a writ of habeas corpus for lack of jurisdiction); In re Anderson, No. XXXXXXXXX, 2021 WL 1884633 (N-M. Ct.Crim.App. May 11, 2021) (per curiam) (petition for extraordinary relief in the nature of a writ of habeas corpus denied); Anderson v. Bolster, No. 1:19cv75(LO/TCB), 2020 WL 5097516 (E.D. Va. Aug. 27, 2020) (granting respondent's renewed motion to dismiss § 2241 petition for writ of habeas corpus filed when petitioner was a prisoner at FCI Petersburg); In re Anderson, NMCCA No. XXXXXXXXX, 2020 CCA LEXIS 72 (N-M. Ct. Crim. App. March 11, 2020) (denying petition for lack of jurisdiction).
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Petitioner claims he is entitled to a four-for-one day credit towards his sentence for each day that he was confined in immediate association with a foreign national in violation of Article 12 of the "UCMJ." Second, Petitioner claims he is entitled to a five-for-one day credit towards his sentence for each day he was allegedly subjected to cruel and unusual punishment under Article 55, UCMJ, and in violation of the Eighth Amendment by virtue of having his trust account encumbered by Warden Justin Andrews when he was confined at FCI Petersburg.
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"[H]abeas review is limited to claims challenging the fact or duration of a prisoner's confinement, and constitutional challenges to the conditions of a confinement are more appropriately brought in a § 1983 civil rights action." Richards v. Taskila, No. 20-1316, 2020 U.S. App. LEXIS 28230, WL 6075666, at *1 (6th Cir. Sept. 3, 2020).

Finally, a four-for-one day sentencing credit Petitioner believes he should be awarded by the Court is not a proper remedy for violations of 10 U.S.C. § 812. There is no express remedy provided for a violation of Article 12 of the UCMJ. And the Court declines to find that Congress intended § 812 to allow prisoners to shorten their sentences due to the nationality of other inmates or the BOP's housing decisions. Rather, the statute is aimed at shielding the United States from foreign enemies obtaining its military secrets.

The opinion does not cite any basis for its conclusion about the purpose of Article 12.

Joshua R. Traeger, The Confinement of Military Members in Civilian Facilities. 39 The Reporter 31 (2012), discusses the Article but not an original purpose to protect military secrets.

A quick look at the legislative history shows no discussion of keeping prisoners apart to protect national security, the discussion is more about the propriety of comingling of prisoners. Part of the discussion related to housing military prisoners in "foreign" jails, which are "pretty lousy--and I mean lousy--. . . which might be a pretty unhealthy experience[.]" House Hearings at 915. Perhaps Mr. Anderson (a member of the HASC in 1949), could say the same if he were alive to visit some of the civilian jails where military prisoners are detained or confined.

Chavez v. United States

Chavez and Wilson were in the Court of Federal Claims.

Plaintiffs Antonio Chavez and Aaron Wilson, appearing pro se, are former members of the United States Army who received disability retirement and are presently incarcerated at Fort Leavenworth in Kansas. In their Complaint, Plaintiffs seek to collaterally attack the jurisdiction of the courts-martial that convicted them and seek backpay and alteration of their military records. 
Mr. Chavez received disability retirement from the Army on June 8, 2012, retiring at the rank of Captain. Compl. In April 2019, the Army recalled Mr. Chavez to active duty for the purpose of trial by court-martial and ordered him to report to Fort Bliss, Texas on May 14, 2019. The Army charged Mr. Chavez with crimes committed between January 2004 and June 2005, during his time of active service.
Mr. Wilson received disability retirement from the Army on June 9, 2011, retiring as a Staff Sergeant. Compl. In April 2017, the Army recalled Mr. Wilson to active duty to face charges before a court-martial. The Army charged Mr. Wilson with abuse of Mr. Wilson's daughter that occurred between July 2005 and August 2009, while Mr. Wilson and his family were stationed in South Korea.

Because the claimants have habeas petitions pending in Kansas, the complaint was dismissed.