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Pelissero v. Thompson, No. 97-6156 (4th Cir.) (155 F.3d 470) (September 3, 1998) (Judge Paul V. Niemeyer)

Disagreeing with several other Circuits, a divided 4th Circuit held that held that the BOP's revised regulations relating to drug treatment programs (28 CFR § 550.58) are a rational interpretation of 18 USC § 3621(e)(2)(B) and must be upheld.

The majority stressed that Congress conferred discretion to the BOP to ...

 

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