Galle

MEMORANDUM AND ORDER

Petitioner Lora Galle (“Galle”), an inmate at the Dublin federal prison, brings this habeas petition to challenge the Bureau of Prison’s reconsideration of Galle’s eligibility for early release arising out of her participation in a drug treatment program.

BACKGROUND

Congress requires the Bureau of Prisons (“BOP”) to make “available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.” 18 U.S.C. § 3621 (b). Congress also requires the BOP “to provide incentives for prisoner participation in BOP drug treatment programs.” 18 U.S.C. § 3621 (e). In particular, Congress has directed that “[t]he period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.” 18 U.S.C. § 3621 (e)(2)(B).

A. BOP regulations

Because Congress limited the reduction-in-sentence incentive to prisoners convicted of nonviolent offenses, the BOP adopted a regulation providing that inmates convicted of “crimes of…