United States First Circuit

Grant of petitions for habeas corpus is reversed where the Bureau of Prisons rule denying placement in a community corrections center to all prisoners during the first ninety percent of their sentences was a reasonable exercise of the BOP's discretion in carrying out its duties under 18 U.S.C. section 3621(b).

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and O'TOOLE, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark J. Grady, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant., Peter Goldberger on brief for Families Against Mandatory Minimums Foundation, The National Association of Criminal Defense Lawyers and The Criminal Justice Act Board for the United States District Court for the District of Massachusetts, amici curiae.


• For Appellees:
  
• Judith H. Mizner, Assistant Federal Public Defender, with whom Miriam Conrad, Federal Public Defender, Districts of Massachusetts, New Hampshire and Rhode Island was on brief, for appellees Muniz and Gonzalez, amicus curiae., Richard Muniz and Victor Gonzalez, appellees, on brief pro se.