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Venegas v. Henman, No. 97-30042 (5th Cir.) (126 F.3d 760) (October 31, 1997) (Judge Reynaldo G. Garza)

Article • November 1, 1997 • from P&J December, 1998

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

Venegas v. Henman, No. 97-30042 (5th Cir.) (126 F.3d 760) (October 31, 1997) (Judge Reynaldo G. Garza) by Contrary to the positions taken by the Third Circuit (in Roussos v. Menifee, 122 F.3d 159 (3rd Cir. 1997)) and the Ninth Circuit (in Downey v. Crabtree, 100 F.3d 662 (9th Cir. …

Roussos v. Menifee, No. 97-7011 (3rd Cir.) (122 F.3d 159) (July 18, 1997) (Judge Edward R. Becker)

Article • October 1, 1997 • from P&J October, 1997

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

Roussos v. Menifee, No. 97-7011 (3rd Cir.) (122 F.3d 159) (July 18, 1997) (Judge Edward R. Becker) by Here the Third Circuit held that a Bureau of Prisons program statement may not define the words "nonviolent offense" in section 3621(e)(2)(B) to include offenses for which a sentencing court imposes a …

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam) by United States v. Morey, 120 F.3d 142 (8th Cir. 1997) (Per Curiam) Benson v. United States, 969 F.Supp. 1129 (N.D.Ill. 1997) (Judge Alesia) Both of these cases visit an issue that is destined to …

Jacks v. Crabtree, No. 97-35029 (9th Cir.) (114 F.3d 983) (June 11, 1997) (Judge Alex Kozinski)

Article • July 1, 1997 • from P&J July, 1997

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

Jacks v. Crabtree, No. 97-35029 (9th Cir.) (114 F.3d 983) (June 11, 1997) (Judge Alex Kozinski) by Case affirmed authority of BOP to adopt regulations denying any sentence reduction to prisoners who complete a drug program if theu have committed a violant offense.

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (115 F.3d 1068) (May 13, 1997) (Judge Pierre N. Leval)

Article • July 1, 1997 • from P&J July, 1997

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

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (115 F.3d 1068) (May 13, 1997) (Judge Pierre N. Leval) by Case held that probation condition requiring probationer to attend AAA meetings would violate the First Amendment's Establishment Clause.

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch) by Here, without deciding whether a court can award a downward departure based on drug addiction (an issue on which the Circuits are in disagreement), it simply affirmed the district court's discretionary authority …

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Brimage, No. 96-1269 (1st Cir.) (115 F.3d 73) (June 9, 1997) (Judge Sandra L. Lynch) by Among the several issues raised on this appeal, one provocative Guidelines' issue is noted. The defendant was convicted of being a felon in possession of a gun. He was sentenced to 97 …

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt)

Article • June 1, 1997 • from P&J June, 1997

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

Cort v. Crabtree, No. 96-36226 (9th Cir.) (113 F.3d 1081) (May 19, 1997) (Judge Stephen Reinhardt) by In 1990, Congress enacted certain amendments to 18 U.S.C. § 3621 requiring the Bureau of Prisons to give every Federal prisoner with a substance abuse problem the opportunity to participate in a drug …

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill)

Article • May 1, 1997 • from P&J May, 1997

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

Sesler v. Pitzer, No. 96-2185 (8th Cir.) (110 F.3d 569) (April 7, 1997) (Judge Frank J. Magill) by

Davis v. Crabtree, No. 96-35516 (9th Cir.) (109 F.3d 566) (March 20, 1997) (Judge A. Wallace Tashima)

Article • April 1, 1997 • from P&J April, 1997

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

Davis v. Crabtree, No. 96-35516 (9th Cir.) (109 F.3d 566) (March 20, 1997) (Judge A. Wallace Tashima) by Here the court rejected the BOP's assertion that it could exercise "broad discretion to adopt any reasonable definition of a 'non-vioilent offense'. " Relying heavily on its ruling in Downey v. Crabtree, …

U.S. v. Lussier, No. 96-1110, No. 354 (2nd Cir.) (104 F.3d 32) (January 9, 1997) (Judge Jon O. Newman)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Early Release

U.S. v. Lussier, No. 96-1110, No. 354 (2nd Cir.) (104 F.3d 32) (January 9, 1997) (Judge Jon O. Newman) by In 1995, the Second Circuit the Second Circuit flatly held that "Because improperly ordered restitution constitutes an illegal sentence and amounts to plain error [the failure of the defendant to …

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty)

Article • January 1, 1997 • from P&J October, 1996

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

Martin v. Crabtree, No. Civ. No. 96-1213-HA (D.Or.) (945 F.Supp. 215) (October 24, 1996) (Judge Ancer L. Haggerty) by Court rejected claim that BOP reclassification of crimes to deny benefits of drug treatment program violated the prisoners rights. At least twice before, Judge Haggerty has dealt with the same issue …

Downey v. Crabtree, No. 96-35471 (9th Cir.) (100 F.3d 662) (October 25, 1996) (Judge Ruggero J. Aldisert)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, RDAP

Downey v. Crabtree, No. 96-35471 (9th Cir.) (100 F.3d 662) (October 25, 1996) (Judge Ruggero J. Aldisert) by As framed by Judge Aldisert, the principal issue in this case was whether the Bureau of Prisons (BOP) has "non-reviewable, exclusive competence to interpret [a] statute" - and the answer was an …

U.S. v. Jackson, No. 95-5761 (6th Cir.) (70 F.3d 874) (November 27, 1995) (Judge Cornelia G. Kennedy)

Article • January 1, 1996 • from P&J January, 1996

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

U.S. v. Jackson, No. 95-5761 (6th Cir.) (70 F.3d 874) (November 27, 1995) (Judge Cornelia G. Kennedy) by In this case, the sentencing judge imposed a sentence of imprisonment on a parole violator with the requirement that the defendant participate in an intensive drug treatment program while in custody. On …