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United States v. White
490 F. App'x 979
10th Cir.
2012
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Background

  • 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)
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Case Details

Case Name: United States v. White
Court Name: Court of Appeals for the Tenth Circuit
Date Published: Jul 31, 2012
Citation: 490 F. App'x 979
Docket Number: 11-3341
Court Abbreviation: 10th Cir.