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By Shari Allison

Izzo v. Wiley, ___ F.3d ___ , 2010 WL 3758717 (10th Cir. 2010) In a denial of a § 2241 petition, the Tenth Circuit determines under plain language analysis that the BOP reading of the Second Chance Act was correct, and that eligibility for the Elderly Home Detention Pilot Program comes only after serving 75% of the sentence imposed, rather than 75% of the sentence that has been reduced by good time credit. (Eligibility criteria includes being at least 65 years old, and having completed 10 years or 75% of sentence, whichever is greater). Petitioner, a 70 year old non-violent drug offender serving a 300 month sentence imposed in 1993, must wait another year.

Full post as published by Tenth Circuit Blog on September 29, 2010 (boomark / email).