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March 30, 2011

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

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.  We conclude the BOP’s policy is not arbitrary, and therefore the BOP acted within its discretion by excluding inmates convicted of felon in possession charges.

March 30, 2011 at 02:00 PM | Permalink


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we litigated it unsuccessfully two years ago in the 8th Circuit after the success the Oregon FPD had in the 9th Circuit. Two other circuit courts have also shot down the argument prior to the 10th Circuit. There has been a lot of litigation since Arrington, just not much being said about it.

Posted by: angela | Mar 30, 2011 2:30:15 PM

Is it the 11th circuit that was successful in that, if you have violence in your background they can still get the RDAP furlogh to a halfway house?? How much may be a different story...Anyone in the know on this one..

Posted by: Josh | Mar 30, 2011 4:51:59 PM

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