Bellis v. Federal Prision Camp, No. 99-1203

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD; MORRIS SHEPPARD ARNOLD
Citation186 F.3d 1092
Parties(8th Cir. 1999) Calvern J. Bellis, Shon Pierson, Brian T. Shields, David J. Miller, Thane Martin, George Cook, Ryan Scott Clark, Sean A. Winston, Tim Walker, and Christopher A. Lopez, Appellees, v. Randy J. DAVIS, Warden, Federal Prison Camp, Yankton, South Dakota; and Federal Bureau of Prisons, Appellants. Submitted:
Decision Date12 May 1999
Docket NumberNo. 99-1203,99-1211,99-1205,99-1213,99-1207,99-1206,99-1214,99-1204,99-1212,99-1611

Page 1092

186 F.3d 1092 (8th Cir. 1999)
Calvern J. Bellis, Shon Pierson, Brian T. Shields, David J. Miller, Thane Martin, George Cook, Ryan Scott Clark, Sean A. Winston, Tim Walker, and Christopher A. Lopez, Appellees,
v.
Randy J. DAVIS, Warden, Federal Prison Camp, Yankton, South Dakota; and Federal Bureau of Prisons, Appellants.
No. 99-1203, 99-1204, 99-1205, 99-1206, 99-1207, 99-1211, 99-1212, 99-1213, 99-1214, 99-1611.
United States Court of Appeals FOR THE EIGHTH CIRCUIT
Submitted: May 12, 1999
Decided: August 10, 1999

Appeals from the United States District Court for the District of South Dakota.

Page 1093

Before LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In these consolidated appeals, ten federal prisoners petitioned for a writ of habeas corpus, see 28 U.S.C. 2241(a), against the U.S. Bureau of Prisons (BOP) and Warden Randy Davis of the Federal Prison Camp in Yankton, South Dakota. Each of the appellees has completed or is scheduled to complete the BOP's voluntary residential drug abuse treatment program, see 18 U.S.C. 3621(b). The statute, see 18 U.S.C. 3621(e)(2), authorizes the BOP to offer an early-release incentive

Page 1094

to certain federal prisoners in order to encourage them to enroll in its voluntary drug abuse treatment program. The statute also provides that "[t]he period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve," see 18 U.S.C. 3621(e)(2)(B).

To implement the statute, the BOP promulgated regulations and a program statement which together define inmates' eligibility for the early-release incentive. See 28 C.F.R. 550.58 and Federal Bureau of Prisons Program Statement 5162.04, (categorization of offenses) (Oct. 9, 1997). The regulations and the program statement identify two groups of offenses. The first consists of various federal offenses that the director of the BOP has determined to be "crimes of violence"; inmates convicted of these offenses are, by the terms of the statute, excluded from eligibility for the early-release incentive. See Federal Bureau of Prisons Program Statement 5162.04, 1-2, 5-6, 9. The second is a group of crimes (called "director's discretion offenses") a conviction for which renders an inmate ineligible for the early-release incentive. See 28 C.F.R. 550.58(a)(1)(iv), 550.58(a)(1)(vi)(A), 550.58(a)(1)(vi)(B), 550.58(a)(1)(vi)(C), and Federal Bureau of Prisons Program Statement 5162.04, 1-2, 5, 7, 9. It is this second group of offenses that is at issue in this appeal.

The regulations pertaining to "director's discretion offenses" state, inter alia, that inmates convicted of "a felony ... [t]hat...

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36 practice notes
  • Arrington v. Daniels, No. 06-35855.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 20, 2008
    ...exercise of the Bureau's discretion to narrow the class of prisoners eligible for early release under § 3621(e). See Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir. 1999); Bowen v. Hood, 202 F.3d 1211, 1220 (9th Cir.2000). Two circuit courts reached the contrary result. See Ward v. Booker, 2......
  • Boucher v. Lamanna, No. 4:97-CV-2776.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • February 22, 2000
    ...202 F.3d 1211, 1218-19 (9th Cir.2000) (citations omitted). Other appellate courts have reasoned similarly. See, e.g., Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir.1999) (finding the categorical exclusion of nonviolent offenders whose underlying conduct indicates a threat to public safety a......
  • Muolo v. Quintana, No. 08-99.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • January 8, 2009
    ...Cir.2000); Kilpatrick v. Houston, 197 F.3d 1134 (11th Cir.1999). The Eighth and Ninth Circuit determined that it did. Bellis v. Davis, 186 F.3d 1092 (8th Cir.1999); Bowen v. Hood, 202 F.3d 1211 (9th Cir.2000). The Supreme Court granted certiorari in Bellis (sub nom. Lopez v. Davis, 529 U.S.......
  • Minotti v. Whitehead, Civil Case No. RWT-08-1418.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • October 31, 2008
    ...the eligibility of prisoners for early release under § 3621(e). See Bowen v. Hood, 202 F.3d 1211, 1220 (9th Cir.2000); Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir.1999). Reaching the contrary result were the Tenth and Eleventh Circuits. See Ward v. Booker, 202 F.3d 1249, 1256-57 (10th Cir......
  • Request a trial to view additional results
36 cases
  • Arrington v. Daniels, No. 06-35855.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 20, 2008
    ...exercise of the Bureau's discretion to narrow the class of prisoners eligible for early release under § 3621(e). See Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir. 1999); Bowen v. Hood, 202 F.3d 1211, 1220 (9th Cir.2000). Two circuit courts reached the contrary result. See Ward v. Booker, 2......
  • Boucher v. Lamanna, No. 4:97-CV-2776.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • February 22, 2000
    ...202 F.3d 1211, 1218-19 (9th Cir.2000) (citations omitted). Other appellate courts have reasoned similarly. See, e.g., Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir.1999) (finding the categorical exclusion of nonviolent offenders whose underlying conduct indicates a threat to public safety a......
  • Muolo v. Quintana, No. 08-99.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • January 8, 2009
    ...Cir.2000); Kilpatrick v. Houston, 197 F.3d 1134 (11th Cir.1999). The Eighth and Ninth Circuit determined that it did. Bellis v. Davis, 186 F.3d 1092 (8th Cir.1999); Bowen v. Hood, 202 F.3d 1211 (9th Cir.2000). The Supreme Court granted certiorari in Bellis (sub nom. Lopez v. Davis, 529 U.S.......
  • Minotti v. Whitehead, Civil Case No. RWT-08-1418.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • October 31, 2008
    ...the eligibility of prisoners for early release under § 3621(e). See Bowen v. Hood, 202 F.3d 1211, 1220 (9th Cir.2000); Bellis v. Davis, 186 F.3d 1092, 1095 (8th Cir.1999). Reaching the contrary result were the Tenth and Eleventh Circuits. See Ward v. Booker, 202 F.3d 1249, 1256-57 (10th Cir......
  • Request a trial to view additional results

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