United States Tenth Circuit

Bureau of Prisons regulations, which prohibit federal inmate's transfer to a Community Correctional Center until ten percent of his sentence remains contradict Congress' clear intent that all inmate placement and transfer decisions be made individually and with regard to the five factors enumerated in 18 U.S.C. section 3621(b). Therefore, the regulations are invalid, and a grant of habeas relief to petitioner-inmate is affirmed.

Appellate Information

• Decided 02/20/2007
• Published 02/21/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, McWILLIAMS, Senior Judge, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John M. Hutchins, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the briefs), Office of the United States Attorney, Denver, CO, for Appellant.


• For Appellees:
  
• Kerri L. Ruttenberg (Henry W. Asbill with her on the brief), LeBoeuf, Lamb, Greene & MacRae, Washington, DC, for Appellee.