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LOPEZ v. DAVIS

No. 99-7504.

531 U.S. 230 (2001)

LOPEZ v. DAVIS, WARDEN, et al.

United States Supreme Court.

Decided January 10, 2001.

Attorney(s) appearing for the Case

Mark V. Meierhenry argued the cause and filed briefs for petitioner.

Beth S. Brinkmann argued the cause for respondents. With her on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.*

Ginsburg, J., delivered the opinion of the Court, in which O'Connor, Scalia, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy, J., joined, p. 245.

Justice Ginsburg, delivered the opinion of the Court.

Congress has provided, in 18 U. S. C. § 3621(e)(2)(B), that the Bureau of Prisons (Bureau or BOP) may reduce by up to one year the prison term of an inmate convicted of a nonviolent felony, if the prisoner successfully completes a substance abuse program. The Bureau's implementing regulation categorically denies early release to prisoners whose current offense is...

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