Jerry Crickon v. J.E. Thomas

I. BACKGROUND

A. Regulatory Background

Title 18 U.S.C. § 3621 governs the terms of imprisonment for a person convicted of a federal crime. See 18 U.S.C. § 3621. In 1990, Congress enacted the Crime Control Act of 1990, which amended 18 U.S.C. § 3621 to require the BOP to “make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.” Pub. L. 101-647, § 2903, 104 Stat. 4789, 4913 (1990) (codified at 18 U.S.C. § 3621(b)).

In 1994, hoping to “draw into treatment” inmates otherwise reluctant to go through the “difficult and painful treatment CRICKON v. THOMAS 11731 program,” H. R. Rep. No. 103-320, p.5 (Nov. 3, 1993), Con- gress amended 18 U.S.C. § 3621 to include incentives for par- ticipation. See Violent Crime Control and Law Enforcement Act of 1994, 103 Pub. L. No. 322, § 32001, 108 Stat. 1796, 1896-97. The revised statute thus provides that the BOP may reduce the sentence by up to one year for an inmate who suc- cessfully completes the program. 18 U.S.C. § 3621(e)(2)(B).

In 1995, the BOP promulgated its initial interim rule imple- menting the early…