United States v. White
490 F. App'x 979
10th Cir.2012Background
- Appellant Michael White, a.k.a. Abdul Hakeem Kareem Mujahid, was convicted in 2010 in the District of Kansas of voluntary manslaughter and two counts of assault with a deadly weapon.
- On December 30, 2010, the district court sentenced him to ten years’ imprisonment; he is serving at ADX Florence, Colorado.
- On the same day, a Kansas state court granted his petition to change his name to Abdul Hakeem Kareem Mujahid.
- On January 15, 2011, Appellant notified the district court of his name change and sought court-ordered recognition and amendment of records to reflect his new name.
- On April 21, 2011, the district court denied the relief, citing BOP policy and potential record-keeping issues from retroactive name changes.
- Subsequent motions for reconsideration were denied; the district court clarified that BOP policy allows dual-name recognition if properly documented, but declined amending the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by denying the name-change amendment. | White argues his religious name must be reflected in the judgment. | The court found no right to retroactive name amendment and stressed potential record-keeping confusion. | No abuse; denial affirmed. |
| Whether this direct criminal appeal is proper to challenge BOP name-recognition policies. | White seeks a court order directing BOP to recognize his religious name. | Direct appeal is not appropriate for prison-rights claims; civil action is proper; no administrative remedies pursued. | Affirmed; appeal not a vehicle to compel BOP policy changes. |
Key Cases Cited
- Hakim v. Hicks, 223 F.3d 1244 (11th Cir. 2000) (duality-name considerations not include amending judgment here)
- Gee v. Pacheco, 627 F.3d 1178 (10th Cir. 2010) (prisoner civil-rights plausibility standards require sufficient factual allegations)
- United States v. Baker, 415 F.3d 1273 (11th Cir. 2005) (abuse-of-discretion standard for denying name-change relief)
