ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Public Defense Blogs -> Ninth Circuit Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Public Defense

: Ninth Circuit Blog

ADVERTISEMENTS
Tablada v. Thomas, No. 07-35538 (7-3-08). How to calculate "good time" shows BOP at its worst. Should good time of 54 days a year (85%) be calculated on the sentence imposed (the measurement used for example in calculating criminal history scores) or rather on the time actually served. The former is easy; the latter is complicated. The former gives a few days break to inmates; the latter takes the harshest interpretation possible. The former saves the government millions of dollars annually; the latter costs millions. Yet, under the deference given to agencies, the BOP interpretation continues because BOP is supposed to have the expertise. A number of challenges have been raised against the calculations, all of which have been denied by the 9th. Here, petitioner argues that because BOP never complied with the APA requirement to articulate a rational basis for its interpretative decision, it should be struck down. The BOP concedes the procedural infirmity, but argues that business should continue as usual. The 9th (Gutierrez joined by Berzon and Bea) agree. It would be too much trouble essentially to change the calculations, and the interpretation is somewhat rational, and has been applied even-handedly. The 9th finds the BOP's approach as outlined in its policy statements persuasive, and so denies the petition. The BOP will fix the procedural remedy. In the meantime, inmates languish for a not unreasonable agency interpretation.

Full post as published by Ninth Circuit Blog on July 03, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0134 secs (new cache)