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MINOTTI v. WHITEHEAD

Civil Case Nos. RWT-08-1418, RWT-08-2084, RWT-08-1018.

584 F.Supp.2d 750 (2008)

Jon MINOTTI, Plaintiff v. J.D. WHITEHEAD, Warden FCI-Cumberland, et al., Defendants. Craig Overman, Plaintiff v. J.D. Whitehead, Warden FCI-Cumberland, et al., Defendants. John Sherman Floyd, Petitioner v. J.D. Whitehead, Warden FCI-Cumberland, Respondent.

United States District Court, D. Maryland.

October 31, 2008.

Attorney(s) appearing for the Case

Brian W. Shaughnessy, Shaughnessy, Volzer, Gagner, PC, Washington, DC, for Plaintiff.

John Sherman Floyd, Cumberland, MD, pro se.

Kenneth Adebonojo, U.S. Attorney's Office, Washington, DC, Jason Daniel Medinger, Office of the United States Attorney, Baltimore, MD, for Defendants.

Melanie L. Glickson, Maryland Office of the United States Attorney, Baltimore, MD, for Defendants/Respondent.

Allen F. Loucks, Office of the United States Attorney, Baltimore, MD, for Respondent.

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

Congress enacted 18 U.S.C. § 3621(e)(2)(B) to give the Bureau of Prisons ("BOP") the authority to 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 BOP adopted an implementing regulation that categorically denied early release to prisoners whose offense of conviction was a felony attended...

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