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Intriguing Ninth Circuit ruling on RDAP eligibility claim

By Douglas A. Berman

The federal residential drug abuse program (RDAP) is rarely discussed and, I believe, even more rarely the subject of litigation. For this reason (and others), I found intriguing today's Ninth Circuit paenl ruling in Mora-Meraz v. Thomas, No. 09-35413 (9th Cir. Apr. 14, 2010) (available here).  Here is how it starts: Antonio Mora-Meraz (?Mora-Meraz?), a federal prisoner in the custody of the United States Bureau of Prisons (the ?Bureau?), appeals the denial of his § 2241 petition for habeas corpus relief. He was convicted of possession of cocaine with the intent to distribute, and was sentenced to 120 months of incarceration. In the district court, he challenged the Bureau?s decision to deny him eligibility for admission to the Residential Drug Abuse Program (the ?RDAP?) at the Federal Correctional Institution at Sheridan, Oregon...continue to full post

Full post as published by Sentencing Law and Policy on April 14, 2010 (boomark / email).