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Criminal Law

: Sentencing Law and Policy

Tenth Circuit rejects interesting attack on BOP policy concerning RDAP early release

By Douglas A. Berman

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The Tenth Circuit has an interesting opinion today in Licon v. Ledesma, No. 10-6166 (10th Cir. March 30, 2011) (available here), on a federal prison topic that (too?) rarely gets litigated. Here is how the opinion starts: Ortino Licon challenges a Bureau of Prisons (BOP) policy and regulation that denies him eligibility for an early release program because he was convicted of felon in possession charges. The BOP has authority to reduce a nonviolent offender?s term of imprisonment upon successful completion of a drug rehabilitation program. The challenged BOP policy categorically denies prisoners convicted of felon in possession charges eligibility for the early release benefit. Licon contends the policy arbitrarily categorizes every inmate convicted of firearm possession charges as violent offenders...continue to full post

Full post as published by Sentencing Law and Policy on March 30, 2011 (boomark / email).