Jacks
Jacks v. Crabtree
Opinion
Lead Opinion
Kozinski, J.
We decide whether the United States Bureau of Prisons (the Bureau) may deny an inmate who has completed a drug treatment program a one-year sentence reduction because of his prior conviction for a violent crime.
I
Under the Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. § 3621 (e)(2)(B), a prisoner who is convicted of a nonviolent offense and completes a required drug treatment program may be eligible for a one-year sentence reduction. All four petitioners here met the statutory criteria: They completed the required program and are currently serving sentences for nonviolent offenses-two for drug dealing, one for being a felon in possession and one for possession of stolen bank funds.
The Bureau, however, ruled them ineligible for the one-year reduction pursuant to the following regulation:
28 C.F.R. § 550.58 . Each petitioner has a prior conviction for one of the specified crimes.
Petitioners sought writs of habeas corpus, challenging the Bureau’s regulation as violating the enabling statute, 18 U.S.C. § 3621 (e)(2)(B), and their due process rights. The district court rejected their claims and petitioners appealed.