Cardona v. Bledsoe, No. 11-2396 (3d Cir. 2012)
Annotate this CaseCardona was convicted of conspiracy to possess with intent to distribute over 100 kilograms of marijuana, 21 U.S.C. 841(a)(1), (b)(1)(B) & 846; conspiring to possess with intent to distribute less than 100 grams of heroin, 21 U.S.C. 841(a)(1), (b)(1)(C) & 846; possession with intent to distribute over 100 kilograms of marijuana, 21 U.S.C. 841(a)(1) & (b)(1)(B); and possession with intent to distribute over 100 grams of heroin, 21 U.S.C. 841(a)(1) & (b)(1)(C). He was sentenced to 480 months and eventually was referred to the special management unit, which limits contact with other prisoners and access to personal property. An inmate is allowed to reintegrate, by demonstrating potential for positive interaction. Between his sentencing and SMU referral, Cardona filed multiple lawsuits challenging his conviction and conditions of confinement. He believes that SMU referral was punishment for the litigation, although the notice referred to narcotics-related infractions. He filed a pro se habeas petition under 28 U.S.C. 224. The district court dismissed for lack of jurisdiction, stating that the SMU did not affect the fact or duration of incarceration. The Third Circuit affirmed, agreeing that Cardona must file a civil rights action under Bivens v. Six Unknown Named Agents to seek redress.
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