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eBook details

• Title: Woodall v. Federal Bureau of Prisons
• Author : In the United States Court of Appeals for the Seventh Circuit
• Release Date : January 15, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

Shawn James Allen Woodall, a federal prisoner, challenges recently adopted Bureau of Prison ("BOP") regulations that limit a prisoners placement in community confinement to the lesser of ten percent of the prisoners total sentence or six months. Woodalls appeal from the order of the District Court denying his petition for a writ of habeas corpus presents two importantquestions. First, may Woodall bring this challenge in habeas? Because we believe that Woodalls challenge goes to the execution of his sentence, we hold that habeas corpus does lie. Second, we must decide whether the new BOP regulations run afoul of the BOPs governing statute and congressional intent. We believe that they do.The governing statute at issue here, 18 U.S.C. § 3621(b), lists five factors that the BOP must consider in making placement and transfer determinations. The 2005 regulations, which categorically limit the amount of time an inmate may be placed in a Community Corrections Center ("CCC"), do not allow the BOP to consider these factors in full. We will therefore vacate the judgment of the District Court, and remand for further proceedings.

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