Name: James Sherrill
Case: United States v. Sherrill No. 04-3225
Date Of Appeal: December 3, 2004
Plea:
Charges: Indecent Acts On A Minor
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO
Sherrill was convicted at a general court martial of absence without leave, indecent acts upon a minor, two specifications of indecent liberties upon a minor, desertion, and disorderly conduct.
He was sentenced to twelve years' confinement and a dishonorable discharge. On appeal, the Army Court of Criminal Appeals dismissed a finding of attempted indecent liberties on a minor but affirmed the remaining findings and sentence.
Mr. Sherrill is in the custody of the Federal Bureau of Prisons ("BOP"), serving a twelve-year sentence after conviction at a general court martial of absence without leave, indecent acts upon a minor, desertion, and disorderly conduct. See Sherrill v. Commandant, USBD, 118 F. App'x 384, 385 (10th Cir. 2004) (unpublished), cert. denied, 125 S. Ct. 1690 (2005). He claims that in 2003 he was transferred to the medium-security Federal Correctional Institution in Florence, Colorado, even though he has only 7 "custody points" and even though that institution is over 500 miles from his home in St. Paul, Minnesota.
Mr. Sherrill asserts that he filed a grievance with the BOP seeking transfer to a low-security facility within 500 miles of his home, but that his request was denied. The BOP also denied his administrative appeal, stating that he could not be transferred "because Low security facilities are experiencing population pressures and unable [sic] to accommodate additional inmates at this time." Mr. Sherrill alleges that he exhausted administrative remedies in May 2005.
The district court decided that Mr. Sherrill was alleging a due process violation. It dismissed his petition, concluding that he has no constitutional right to be placed in a low-security facility or in a facility within 500 miles of his home.
The only relief that Mr. Sherrill requests in his § 2241 petition is that he be granted five days' credit for each day served at a medium-security facility and three days' credit for each day served in a facility more than 500 miles from his home.
Sherrill also filed a motion for reconsideration and a petition for writ of coram nobis with the Court of Appeals for the Armed Forces, which were denied. In his § 2241 petition, Sherrill contended (1) the court martial lacked jurisdiction because the presiding military judge was not properly "detailed" to the court martial; (2) the proceedings were barred by speedy trial principles; (3) the Army Court of Criminal Appeals violated his right to due process when it reassessed his sentence instead of ordering a rehearing; and (4) the trial record is incomplete and not a verbatim record of the proceedings. Sherrill also contends the district court erred in not granting an evidentiary hearing on his petition.
AFFIRMED. Sherrill's motion to recall the mandate of the district court is DENIED
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An Unofficial Site
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
James Sherrill
U.S. Army
Convicted Sex Offender
Indecent Acts On A Minor
