Richard MUNIZ, Victor Gonzalez, Petitioners, Appellees,
v.
Carolyn A. SABOL, Warden, Respondent, Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 11, 2007.
Decided February 26, 2008.
Attorney(s) appearing for the Case
Mark J. Grady, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.
Judith H. Mizner, Assistant Federal Public Defender, with whom Miriam Conrad, Federal Public Defender, Districts of Massachusetts, New Hampshire and Rhode Island was on brief, for appellees Muniz and Gonzalez, amicus curiae.
Richard Muniz and Victor Gonzalez, appellees, on brief pro se.
Peter Goldberger on brief for Families Against Mandatory Minimums Foundation, The National Association of Criminal Defense Lawyers and The Criminal Justice Act Board for the United States District Court for the District of Massachusetts, amici curiae.
Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and O'TOOLE, District Judge.
United States Court of Appeals, First Circuit.
HOWARD, Circuit Judge.
This case requires us to decide whether the Bureau of Prisons (BOP) may, through rulemaking, deny placement in a community corrections center (CCC)1 to all prisoners during the first ninety percent of their sentences. The question has divided district court judges in this and other circuits, although the four circuit courts of appeal that have considered the issue have determined that the BOP lacks such authority...
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