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LEVINE v. APKER

Docket No. 05-2590 PR.

455 F.3d 71 (2006)

Elliott LEVINE, Petitioner-Appellant, v. Craig APKER Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2006.

Attorney(s) appearing for the Case

Wylie M. Stecklow (Mark S. Silverman, on the brief), New York, N.Y., for Petitioner-Appellant.

Richard E. Rosberger, Assistant United States Attorney for the Southern District of New York, for David N. Kelley, United States Attorney for the Southern District of New York (Neil M. Corwin, Assistant United States Attorney, on the brief), New York, N.Y., for Respondent-Appellee.

Peter Goldberger, Ardmore, Penn. (Todd A. Bussert, New Haven, Conn.; Richard D. Willstatter, Green & Willstatter, White Plains, N.Y.; Mary Price, Families Against Mandatory Minimums Foundation, Washington, D.C.; and Michael L. Waldman, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, D.C.) for amici curiae Families Against Mandatory Minimums Foundation, National Association of Criminal Defense Lawyers, and New York State Association of Criminal Defense Lawyers, in support of Petitioner-Appellant.

Before: CALABRESI and RAGGI, Circuit Judges, and MURTHA, District Judge.

Judge RAGGI dissents in a separate opinion.

CALABRESI, Circuit Judge.

Elliott Levine, a federal prisoner at all times relevant to this action, appeals the denial of two petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Like many federal actions across the country, his applications challenge two agency actions by the Bureau of Prisons ("BOP") that limit the placement of federal prisoners in community corrections centers ("CCCs"), commonly...

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