Search | Punch and Jurists

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

U.S. v. Guy, No. 98-3645 (7th Cir.) (174 F.3d 859) (April 5, 1999) (Judge Joel L. Flaum) by The proverb that bad cases make bad law probably had a lot to do with the decision in this case. Here, the defendant pled guilty to bank fraud. The case does not …

Ward v. Booker, No. 98-3274-RDR (D.Kan.) (38 F.Supp.2d 1258) (February 12, 1999) (Judge Richard Dean Rogers)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Ward v. Booker, No. 98-3274-RDR (D.Kan.) (38 F.Supp.2d 1258) (February 12, 1999) (Judge Richard Dean Rogers) by In one of the better and most detailed reviews of the applicable case law, Judge Rogers held in this case that the BOP had improperly denied the petitioner eligibility for early release based …

Pelissero v. Thompson, No. 97-6156 (4th Cir.) (170 F.3d 442) (March 12, 1999) (Judge Paul V. Niemeyer)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Pelissero v. Thompson, No. 97-6156 (4th Cir.) (170 F.3d 442) (March 12, 1999) (Judge Paul V. Niemeyer) by After the Court issued its original decision in this case, reported at 155 F.3d 470, a motion for rehearing was filed and the Court withdrew that decision. On the rehearing, the Court …

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Hicks v. Brooks, No. Civ.A. 97-D-785 (D.Colo.) (28 F.Supp.2d 1268) (November 24, 1998) (Judge Wiley Daniel) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of conviction …

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Gavis v. Crabtree, No. CIV. 98-1098-HA (D.Or.) (28 F.Supp.2d 1264) (November 23, 1998) (Judge Ancer L. Haggerty) by Case held that the revised BOP Program Statement 5162.02 which defines crimes of violence for purposes of eligibility in drug treatment programs by focusing on sentencing factors rather than the crime of …

Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Orr v. Hawk, No. 96-6498 (6th Cir.) (156 F.3d 651) (September 9, 1998) (Judge Eugene E. Jr. Siler) by The Court reasoned that even though the BOP has eliminated the regulation's reliance on the meaning of "crime of violence" in Section 924(c), the BOP "has no choice but to define …

U.S. v. Medina, No. 89 CR. 0592(RWS) (S.D.N.Y.) (17 F.Supp.2d 245) (August 19, 1998) (Judge Robert W. Sweet)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Early Release

U.S. v. Medina, No. 89 CR. 0592(RWS) (S.D.N.Y.) (17 F.Supp.2d 245) (August 19, 1998) (Judge Robert W. Sweet) by United States v. Medina, 17 F.Supp.2d 245 (S.D.N.Y. 1998) (Judge Sweet) United States v. Fellows, 157 F.3d 1197 (9th Cir. 1998) (Judge Wiggins) Both of these cases are prime examples of …

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

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

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

Parsons v. Pitzer, No. 97-1945 (7th Cir.) (149 F.3d 734) (July 24, 1998) (Judge William J. Bauer)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Parsons v. Pitzer, No. 97-1945 (7th Cir.) (149 F.3d 734) (July 24, 1998) (Judge William J. Bauer) by The Court found it reasonable for the BOP to classify a conviction for possession of a firearm by a felon as a crime of violence in all cases for the purpose of …

Byrd v. Hasty, No. 97-2129 (11th Cir.) (142 F.3d 1395) (June 11, 1998) (Judge Richard Mills)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Byrd v. Hasty, No. 97-2129 (11th Cir.) (142 F.3d 1395) (June 11, 1998) (Judge Richard Mills) by This case contains a good review of the holdings of the various Circuits on the validity of Bureau of Prison's (BOP) controversial policies regarding prisoners' eligibility for sentence reductions following completion of the …

Fristoe v. Thompson, No. 97-6246 (10th Cir.) (144 F.3d 627) (April 28, 1998) (Judge Monroe G. McKay)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Fristoe v. Thompson, No. 97-6246 (10th Cir.) (144 F.3d 627) (April 28, 1998) (Judge Monroe G. McKay) by Case is noted for its holding that the BOP's reliance on sentencing enhancements conflicts with the plain language of the statute - which "does not permit resport to sentencing factors or sentencing …

Royal v. Tombone, No. 97-10941 (5th Cir.) (141 F.3d 596) (June 23, 1998) (Per Curiam)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Royal v. Tombone, No. 97-10941 (5th Cir.) (141 F.3d 596) (June 23, 1998) (Per Curiam) by Case held that BOP's revised regulations defining crimes of violence constituted a permissible interpretation of the statute and did not violate the Ex Post Facto Clause.

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty) by Case held that, for purposes of eligibility in a drug treatment program under 18 § 3621(e)(2)(B), the offense of possession of stolen explosives is a non-violent offense.

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Johnson v. Crabtree, No. CIV. 97-37-HA (D.Or.) (996 F.Supp. 999) (December 1, 1997) (Judge Ancer L. Haggerty) by Case held that a prisoner may seek judicial review of a BOP prospective eligibility determination once the BOP renders its decision; it is then "ripe for consideration".

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides …

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that …

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Love v. Tippy, No. 96-4224 (8th Cir.) (133 F.3d 1066) (January 8, 1998) (Judge Donald P. Lay) by Here the Eighth Circuit basically held that the BOP's interpretation of its own regulations dealing with eligibility for the drug treatment programs deserved controlling weight, unless plainly erroneous or inconsistent with its …

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Martin v. Gerlinski, No. 97-2232 (8th Cir.) (133 F.3d 1076) (January 13, 1998) (Judge Theodore McMillian) by Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay) Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian) In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that …

Bush v. Pitzer, No. 97-3024 (7th Cir.) (133 F.3d 455) (December 31, 1997) (Judge Frank H. Easterbrook)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Bush v. Pitzer, No. 97-3024 (7th Cir.) (133 F.3d 455) (December 31, 1997) (Judge Frank H. Easterbrook) by Case held that the BOP Program Statement No. 5162.02, which treats certain offenses as "violent" for purposes of disqualifying a prisoner from eligibility under the Drug Treatment Program, was overly broad. However, …

Stiver v. Meko, No. 96-3400 (3rd Cir.) (130 F.3d 574) (November 28, 1997) (Judge Timothy K. Lewis)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Stiver v. Meko, No. 96-3400 (3rd Cir.) (130 F.3d 574) (November 28, 1997) (Judge Timothy K. Lewis) by Here the Court rejected the petitioner's claim that the BOP regulation (28 CRF § 550.58) governing admission to the drug treatment program was not in conflict with the enabling statute (18 USC …