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Lopez v. Terrell, No. 09 Civ. 8148 (RJH) (S.D.N.Y.) (697 F.Supp.2d 549) (March 26, 2010) (Judge Richard J. Holwell)

Article • April 19, 2010 • from P&J April, 2010

Filed under: Punch And Jurists, Good Time Credits

Lopez v. Terrell, No. 09 Civ. 8148 (RJH) (S.D.N.Y.) (697 F.Supp.2d 549) (March 26, 2010) (Judge Richard J. Holwell) by Here Judge Holwell held that prisoners sentenced pursuant to U.S.S.G. § 5G1.3(b) are entitled to good conduct time (GCT) credit for all time served in state custody and federal pre-trial …

Castellini v. Lappin, No. Civ. No. 05-10220-PBS (D.Mass.) (365 F.Supp.2d 197) (April 12, 2005) (Judge Patti B. Saris)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Shock Incarceration

Castellini v. Lappin, No. Civ. No. 05-10220-PBS (D.Mass.) (365 F.Supp.2d 197) (April 12, 2005) (Judge Patti B. Saris) by Here the Court enjoined the Bureau of Prisons from unilaterally terminating its Shock Incarceration (or Intensive Confinement Center) Program until it has complied with the Administrative Procedure Act. In 1990, Congress …

Perez-Olivo v. Chavez, No. 04-1486 (1st Cir.) (394 F.3d 45) (January 7, 2005) (Judge Norman H. Stahl)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Good Time Credits

Perez-Olivo v. Chavez, No. 04-1486 (1st Cir.) (394 F.3d 45) (January 7, 2005) (Judge Norman H. Stahl) by

Richmond v. Scibana, No. 04-2264 (7th Cir.) (387 F.3d 602) (October 19, 2004) (Judge Frank H. Easterbrook)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Community Confinement/Home Detention

Richmond v. Scibana, No. 04-2264 (7th Cir.) (387 F.3d 602) (October 19, 2004) (Judge Frank H. Easterbrook) by Here the Seventh Circuit disagreed with the approach taken by the First and Eighth Circuits over inmate challenges to the BOP's new policy of limiting placement in halfway houses, holding that prisoners …

U.S. v. Smith, No. EDCV 04-006RT (C.D.Cal.) (318 F.Supp.2d 875) (March 18, 2004) (Judge Robert J. Timlin)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Good Time Credits

U.S. v. Smith, No. EDCV 04-006RT (C.D.Cal.) (318 F.Supp.2d 875) (March 18, 2004) (Judge Robert J. Timlin) by This is a rare case in which the Court acknowledged that, while district courts “do not have the authority to compute sentence credits for the time a defendant is detained prior to …

Zucker v. Menifee, No. 03 Civ. 10077 (RJH) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 724) (January 21, 2004) (Judge Richard J. Holwell)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Community Confinement/Home Detention

Zucker v. Menifee, No. 03 Civ. 10077 (RJH) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 724) (January 21, 2004) (Judge Richard J. Holwell) by In December, 2002, the Federal Bureau of Prisons (BOP) announced that it was changing its long-standing policy regarding the placement of inmates in halfway houses (or, as they …

U.S. v. Stephens, No. 03-1006 (2nd Cir.) (347 F.3d 427) (October 22, 2003) (Judge John M. Jr. Walker)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Stephens, No. 03-1006 (2nd Cir.) (347 F.3d 427) (October 22, 2003) (Judge John M. Jr. Walker) by Here, in an issue of first impression, the Court concluded that the Sentencing Guidelines permit a sentence of community confinement longer than six months when that confinement is “reasonably related” to …

U.S. v. Serpa, No. Crim.A.02-10118-WGY (D.Mass.) (251 F.Supp.2d 988) (March 12, 2003) (Judge William G. Young)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Serpa, No. Crim.A.02-10118-WGY (D.Mass.) (251 F.Supp.2d 988) (March 12, 2003) (Judge William G. Young) by On December 20, 2002, the Bureau of Prisons (BOP) sent a memorandum to all Federal judges in which it announced a “significant procedure change” regarding inmate designations to community correction centers (CCCs) (also …

Ferguson v. Ashcroft, No. Civ. 03-122-D-M3 (M.D.La.) (248 F.Supp.2d 547) (February 27, 2003) (Judge James J. Brady)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Community Confinement/Home Detention

Ferguson v. Ashcroft, No. Civ. 03-122-D-M3 (M.D.La.) (248 F.Supp.2d 547) (February 27, 2003) (Judge James J. Brady) by [Editor's Note: See also related decision at Howard v. Ashcroft, 248 F.Supp.2d 518 (M.D.La. 2003)]. Here the Court held that the BOP exceeded its authority under the Administrative Procedure Act by adopting …

Reno v. Koray, No. 94-790 (U.S. Supreme Court) (515 U.S. 50; 115 S.Ct. 2021) (June 5, 1995) (Justice Rehnquist)

Article • June 22, 2000

Filed under: Punch And Jurists, Community Confinement/Home Detention

Reno v. Koray, No. 94-790 (U.S. Supreme Court) (515 U.S. 50; 115 S.Ct. 2021) (June 5, 1995) (Justice Rehnquist) by Here the Court held that a defendant's prison sentence could not be reduced, pursuant to 18 U.S.C. § 3585(b), by the duration of his confinement to a community treatment center …

U.S. v. Thomas, No. 96-1660, No. 38 (2nd Cir.) (135 F.3d 873) (February 10, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Thomas, No. 96-1660, No. 38 (2nd Cir.) (135 F.3d 873) (February 10, 1998) (Judge Guido Calabresi) by Case held that home detention is generally not permitted as an independent sentence in its own right. This case is noted primarily because it may help explain why the courts are …

U.S. v. Jones, No. 95-6096 (6th Cir.) (107 F.3d 1147) (March 3, 1997) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Jones, No. 95-6096 (6th Cir.) (107 F.3d 1147) (March 3, 1997) (Judge Karen Nelson Moore) by One of the issues raised in this case was whether a previous sentence that the defendant served in home detention under a Tennessee program called "Community Alternatives to Prison Program" constituted a …

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny)

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

Filed under: Punch And Jurists, Community Confinement/Home Detention

U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny) by The court held in this case that having sentenced the defendant to the maximum possible term of imprisonment for his misdemeanor offense for failing to appear for sentencing, the district court could …

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood)

Article • August 1, 1995

Filed under: Punch And Jurists, Community Confinement/Home Detention

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood) by Case held that pretrial home confinement was not "official detention" required by statute for award of sentencing credit.

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood)

Article • August 1, 1995

Filed under: Punch And Jurists, Community Confinement/Home Detention

Rodriguez v. Lamer, No. 92-3142 (11th Cir.) (60 F.3d 745) (August 4, 1995) (Judge Harlington Jr. Wood) by Case rejected claim that defendant's rights under the equal protection clause were violated because others had received credit for postrial custodial home detention and he did not for pretrial home detention.