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PELISSERO v. THOMPSON

Nos. 97-6156, 97-6221.

170 F.3d 442 (1999)

Robert Paul PELISSERO, Petitioner-Appellant, v. W.J. THOMPSON, Warden, FCI, Morgantown, WV, Respondent-Appellee. Pamela Armour; Tamara Bayles; Sandra Lewis Cockrell; Wonda Cortes; Marsha Poore Crawford; Mary Kathleen Lobbins; Kim Lovvorn; Diane McNabb; Sharon Strauss; Mildred Thompson; Lori Tuttle, Amici Curiae. Aubra S. Hayes, Jr., Petitioner-Appellant, v. Federal Bureau of Prisons; Kathleen M. Hawk, Director of the Bureau of Prisons, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1999.

Attorney(s) appearing for the Case

ARGUED: James R. Fox, Jory & Smith, Elkins, West Virginia, for Appellant. Bill David Burlington, Regional, Bureau of Prisons, Butner, North Carolina, for Appellee. ON BRIEF: William D. Wilmoth, United States Attorney, Daniel W. Dickinson, Jr., Assistant United States Attorney, Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Pamela Armour, Tamara Bayles, Sandra Lewis Cockrell, Wonda Cortes, Marsha Poore Crawford, Mary Kathleen Lobbins, Kim Lovvorn, Diane McNabb, Sharon Strauss, Mildred Thompson, Lori Tuttle, Amici Curiae Pro Se.

Before WILKINS and NIEMEYER, Circuit Judges, and CHAMBERS, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS joined. Judge CHAMBERS wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Section 3621(e)(2)(B) of Title 18 of the United States Code provides that the prison terms of prisoners convicted of "nonviolent" offenses may be reduced by the Bureau of Prisons in an amount up to one year as an incentive for the prisoners' successful completion of a residential...

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