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Article • September 1, 2009 • from P&J September, 2009
Crickon v. Thomas, No. 08-35250 (9th Cir.) (579 F.3d 978) (August 25, 2009) (Judge Johnnie B. Rawlinson) by Here, a panel from the Ninth Circuit has held that the Bureau of Prison’s (BOP) policy on early release is invalid. For years, the BOP has categorically prohibited prisoners with certain prior …
Article • January 1, 2008 • from P&J January, 2008
Arrington v. Daniels, No. 06-35855 (9th Cir.) (516 F.3d 1106) (February 20, 2008) (Judge Stephen Reinhardt) by In this case the Court held that the Bureau of Prisons (BOP) had violated section 706(2)(A) of the Administrative Procedure Act (APA) when it promulgated a regulation under its Residential Drug Abuse Treatment …
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. § …
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 …
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 …