Very Good BOP Classification Decision
Wedelstedt v. Wiley, --- F.3d ----, 2007 WL 512517 (10th Cir. Feb. 20, 2007)
The 10th Cir., per Murphy, finds that BOP regulations prohibiting transfer of a federal inmate to a Community Correctional Center (“CCC”) until ten percent of his sentence remains are inconsistent with clear congressional intent articulated in 18 U.S.C. § 3621(b) (the statute that authorizes the BOP to designate the place of confinement). The 10th follows the 2d, 3d, and 8th Circuits, the only ones to have thus far ruled on the issue, invalidating the BOP regs.
The BOP designated P to a CCC for the last 33 days of his sentence (10% after calculating his GT credits). He filed under 2241, claiming that the BOP's regulations impermissibly restricted the discretion Congress gave the BOP in 18 U.S.C. § 3621(b) to consider transferring him to a CCC prior to the last ten percent of his sentence.
The 10th finds that § 3621(b) unambiguously directs the BOP to place an inmate in any facility, after it has considered 5 factors enumerated in the statute. It does not conflict with 18 U.S.C. § 3624(c), the statute that directs the BOP to “assure” that a prisoner spends the last 10% of his term, but not to more than six months, “under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community.” § 3624(c) “has no bearing on whether a CCC may be considered as a place of imprisonment at some earlier point in a prisoner's period of incarceration” under § 3621(b). Because Congressional intent is clear in § 3621(b), no Chevron deference is owed to the BOP regulation.
Hartz dissents.
The 10th Cir., per Murphy, finds that BOP regulations prohibiting transfer of a federal inmate to a Community Correctional Center (“CCC”) until ten percent of his sentence remains are inconsistent with clear congressional intent articulated in 18 U.S.C. § 3621(b) (the statute that authorizes the BOP to designate the place of confinement). The 10th follows the 2d, 3d, and 8th Circuits, the only ones to have thus far ruled on the issue, invalidating the BOP regs.
The BOP designated P to a CCC for the last 33 days of his sentence (10% after calculating his GT credits). He filed under 2241, claiming that the BOP's regulations impermissibly restricted the discretion Congress gave the BOP in 18 U.S.C. § 3621(b) to consider transferring him to a CCC prior to the last ten percent of his sentence.
The 10th finds that § 3621(b) unambiguously directs the BOP to place an inmate in any facility, after it has considered 5 factors enumerated in the statute. It does not conflict with 18 U.S.C. § 3624(c), the statute that directs the BOP to “assure” that a prisoner spends the last 10% of his term, but not to more than six months, “under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community.” § 3624(c) “has no bearing on whether a CCC may be considered as a place of imprisonment at some earlier point in a prisoner's period of incarceration” under § 3621(b). Because Congressional intent is clear in § 3621(b), no Chevron deference is owed to the BOP regulation.
Hartz dissents.
posted by Anonymous at 10:11 AM
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