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Must Read: Goldings v. Winn, No. 03-2633 (1st Cir. September 9, 2004)

By Tom Lincoln

. . . In other words, a "place of imprisonment" is a penal or correctional facility that is a place of imprisonment.That is the government's circular definition pressed upon the First Circuit in Goldings v. Winn, No. 03-2633 (1st Cir. September 9, 2004), in a faulty attempt to exclude community correction centers (CCCs) from the meaning of place of imprisonment and, thus, from 18 U.S.C. § 3621(b). This a very important decision for the federal criminal defense bar, and even more important for those of us practicing in the First Circuit. Just to give a glimpse of what the case is about, here is an excerpt: The policy change that is the subject of this lawsuit was required by a December 13, 2002 Memorandum Opinion from the Department of Justice Office of Legal Counsel, which declared unlawful the BOP's prior practice of placing federal prisoners in community confinement to serve all or part of their sentences...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on September 18, 2004 (boomark / email).