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BOURKE v. HAWK

No. CIV.A. 99-2960(JR).

121 F.Supp.2d 9 (2000)

Michael BOURKE, Plaintiff, v. Kathleen HAWK, Defendant.

United States District Court, District of Columbia.

September 20, 2000.

Attorney(s) appearing for the Case

Michael Bourke, Seagoville, TX, pro se.

W. Mark Nebeker, Assist. U.S. Atty., Washington, DC, for defendant.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff, proceeding without counsel, challenges the Bureau of Prisons' Program Statement that excludes him from eligibility for a sentence reduction under 18 U.S.C. § 3621(e) because he was convicted of possession of a machine gun. Defendant has moved to dismiss, and plaintiff has moved for summary judgment. In their opposing motions, a fundamental misunderstanding is apparent. As this Court has already...

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