Lonnie Peck v. J. Thomas

I. FACTS AND PROCEDURAL BACKGROUND

Petitioners were each convicted of being a felon in posses- sion of a firearm under 18 U.S.C. § 922(g), and are either cur- rently serving sentences in BOP facilities or serving terms of supervised release. At the time of his conviction, Petitioner Moon had a past conviction for robbery, but he received no criminal history points under the Sentencing Guidelines because the conviction was more than 15 years old. 1 Although two of the three petitioners are currently serving terms of supervised release, “relief may still be available in the form of modifica- tion, amendment, or termination of their supervised release.” Arrington v. Daniels, 516 F.3d 1106, 1111 n.4 (9th Cir. 2008) (citing 18 U.S.C. § 3583(e)(2)); see also Paulsen v. Daniels, 413 F.3d 999, 1005 n.3 (9th Cir. 2005). Here, because the petitioners completed RDAP while in prison, a decision invalidating the regulation rendering them ineligible for early release in exchange for completing RDAP could provide a basis to shorten their terms of supervised release. 12064 PECK v. THOMAS In 1990, Congress directed the BOP to create programs to treat substance abuse among…