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U.S. v. zmsyhid-Gardner, No. 14-3031 (D.C. Cir.) (783 F.3d 1286) (April 21, 2015) (Judge William W. Jr. Wilkins)

Article • October 12, 2015 • from P&J October, 2015

Filed under: Punch And Jurists, Early Release

U.S. v. zmsyhid-Gardner, No. 14-3031 (D.C. Cir.) (783 F.3d 1286) (April 21, 2015) (Judge William W. Jr. Wilkins) by U.S. v. Mathis-Gardner, 783 F.3d 1286 (D.C. Cir. April 21, 2015) (Judge William Wilkins, Jr.) U.S. v. Mathis-Gardner, Crim. No. 11-100 (RJL) (D.D.C. June 22, 2015) (District Judge Richard Leon) Collectively, …

Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina)

Article • December 1, 2007 • from P&J December, 2007

Filed under: Punch And Jurists, RDAP

Kotz v. Lappin, No. Civ. No. 07-0856 (RMU) (D.D.C.) (515 F.Supp.2d 143) (October 10, 2007) (Judge Ricardo M. Urbina) by This case is noted for its review of certain aspects of the Residential Drug Abuse Program (RDAP) that is administered by the Bureau of Prisons (BOP) under 18 U.S.C. § …

U.S. v. Grimaldi, No. 3:01cr131 (JBA) (D.Conn.) (482 F.Supp.2d 248) (April 5, 2007) (Judge Janet Bond Arterton)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Early Release

U.S. v. Grimaldi, No. 3:01cr131 (JBA) (D.Conn.) (482 F.Supp.2d 248) (April 5, 2007) (Judge Janet Bond Arterton) by

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro)

Article • January 1, 2007 • from P&J January, 2007

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

U.S. v. Manzella, No. 06-3434 (3rd Cir.) (475 F.3d 152) (February 2, 2007) (Judge Thomas L. Ambro) by Here the Court held that sentencing courts may not use imprisonment as a means of promoting rehabilitation, in this case by increasing the defendant’s sentence to make her eligible to participate in …

U.S. v. Lai, No. 99 CR 1272 (S.D.N.Y.) (458 F.Supp.2d 177) (October 27, 2006) (Judge Victor Marrero)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Early Release

U.S. v. Lai, No. 99 CR 1272 (S.D.N.Y.) (458 F.Supp.2d 177) (October 27, 2006) (Judge Victor Marrero) by In theory, 18 U.S.C. § 3583(e)(1) permits a person serving a term of supervised release to seek early termination of such supervision if such action “is warranted by the conduct of the …

Wade v. Daniels, No. Civ. No. 05-189-HA (D.Or.) (373 F.Supp.2d 1201) (June 20, 2005) (Judge Ancer L. Haggerty)

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

Filed under: Punch And Jurists, Early Release

Wade v. Daniels, No. Civ. No. 05-189-HA (D.Or.) (373 F.Supp.2d 1201) (June 20, 2005) (Judge Ancer L. Haggerty) by In this case the petitioner charged that the BOP had unconstitutionally denied him early release eligibility under 18 U.S.C. § 3621(e) by ruling him ineligible for participation in the BOP’s residential …

Paulsen v. Daniels, No. 03-35337 (9th Cir.) (413 F.3d 999) (June 27, 2005) (Judge Sidney R. Thomas)

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

Filed under: Punch And Jurists, Early Release

Paulsen v. Daniels, No. 03-35337 (9th Cir.) (413 F.3d 999) (June 27, 2005) (Judge Sidney R. Thomas) by In this case the Ninth Circuit consolidated 16 appeals that had challenged the authority of the Bureau of Prisons (BOB) to promulgate its 1997 intermin regulations limiting elegibility to the BOP's residential …

Bohner v. Daniels, No. Civ. No. 99-1116-HA (D.Or.) (243 F.Supp.2d 1171) (February 6, 2003) (Judge Ancer L. Haggerty)

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

Filed under: Punch And Jurists, Early Release

Bohner v. Daniels, No. Civ. No. 99-1116-HA (D.Or.) (243 F.Supp.2d 1171) (February 6, 2003) (Judge Ancer L. Haggerty) by Petitioner sought a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging denial of eligibility for early release, because in issuing a rule and program statements in 1997, the …

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty)

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

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

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty) by Here the Court granted the petitioner a writ of habeas corpus, concluding that the BOP's denial of a one-year sentence reduction after petitioner successfully completing a drug treatment program was arbitrary and …

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger)

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

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

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger) by

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet)

Article • November 1, 2002 • from P&J November, 2002

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

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet) by Here the Court held that the New York City Police Department may not arrest drug addicts who are carrying syringes containing drug residue if they are participating …

Lopez v. Davis, No. 99-7504 (U.S. Supreme Court) (531 U.S. 230; 121 S.Ct. 714) (January 10, 2001) (Justice Ginsburg)

Article • December 1, 2000 • from P&J December, 2000

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

Lopez v. Davis, No. 99-7504 (U.S. Supreme Court) (531 U.S. 230; 121 S.Ct. 714) (January 10, 2001) (Justice Ginsburg) by Here the Supreme Court held that the BOP had acted within its discretionary right when is adopted revised regulations excluding persons whose crime involved a gun from receiving sentence reductions …

King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney)

Article • December 1, 2000 • from P&J December, 2000

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

King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney) by In Bellis v. Davis, 186 F.3d 1092 (8th Cir. 1999), the Eighth Circuit held that under 28 C.F.R. § 550.58 the Bureau of Prisons (BOP) had authority to exclude prisoners from participating …

Cook v. Wiley, No. 98-6273 (11th Cir.) (208 F.3d 1314) (April 14, 2000) (Judge Edward E. Carnes)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, RDAP

Cook v. Wiley, No. 98-6273 (11th Cir.) (208 F.3d 1314) (April 14, 2000) (Judge Edward E. Carnes) by Here the Court held that the BOP's revision of 28 C.F.R. § 550.58, as applied through its Policy Statement 5162.02(7), which excluded a personer from a sentence reduction under the drug treatment …

Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson)

Article • March 1, 2000 • from P&J March, 2000

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

Ward v. Booker, No. 99-3125 (10th Cir.) (202 F.3d 1249) (January 19, 2000) (Judge Stephen H. Anderson) by Once again the Tenth Circuit has invalidated the Bureau of Prisons' regulations and related program statement establishing eligibility criteria for sentence reductions to prisoners who complete drug treatment programs. The Court held …

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam)

Article • January 1, 2000 • from P&J January, 2000

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

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam) by Adding to the Circuit split on this issue, a majority held that the recent BOP regulations which deny participation in drug treatment programs to prisoners whose offenses involved firearms were a reasonable exercise of …

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam)

Article • January 1, 2000 • from P&J January, 2000

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

Bowen v. Hood, No. 98-36190 (9th Cir.) (202 F.3d 1211) (February 4, 2000) (Per Curiam) by Adding to the Circuit split on this issue, a majority held that the recent BOP regulations which deny participation in drug treatment programs to prisoners whose offenses involved firearms were a reasonable exercise of …

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen)

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

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

U.S. v. Behler, No. 98-2993 (8th Cir.) (187 F.3d 772) (August 4, 1999) (Judge David R. Hansen) by Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. …

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)

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

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

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby) by Here the Court held that the BOP was well within its discretion in classifying all § 924(c) crimes as violent crimes for the purpose of denying eligibility to prisoners to participate …

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold)

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

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

Bellis v. Davis, No. 99-1203 (8th Cir.) (186 F.3d 1092) (August 10, 1999) (Judge Morris Sheppard Arnold) by Disagreeing with the Tenth Circuit, the Eighth Circuit held that the BOP's new regulations and program statement dealing with the eligibility of prisoners in a drug treatmnent program was a "manifestly permissible …