ELWOOD v. JETER

No. 04-2253.

386 F.3d 842 (2004)

Anthony R. ELWOOD, Plaintiff-Appellant, v. Cole JETER, Warden, FCI Forrest City; United States Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 18, 2004.


Attorney(s) appearing for the Case

Tim Cullen, argued, Little Rock, AR, for appellant.

E. Fletcher Jackson, argued, Asst. U.S. Atty., Little Rock, AR, for appellee.

Before RILEY, LAY, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Anthony Elwood ("Elwood") appeals the district court's denial of his Petition for a Writ of Habeas Corpus, alleging that the Bureau of Prisons's ("BOP") policy of limiting prisoner placement in Community Corrections Centers ("CCC") to the lesser of six months or ten percent of the prisoner's sentence is illegal. We reverse.

Procedural Background

On May 28, 2002, Elwood pled guilty to one count of wire fraud in the United States...

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