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U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
Loaded on April 15, 1999
published in Prison Legal News
April, 1999, page 21
The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's sentence calculation. A federal prisoner, Peter Thomas Whaley, was convicted of a drug offense ...
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More from this issue:
- The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
- Medical Care Unconstitutional in Puerto Rico Prisons
- From the Editor, by Paul Wright
- PLN Sues Michigan DOC over Censorship of The Celling of America
- Michigan Department of Corrections Fined $300,000 in Contempt Case
- Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
- Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
- Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
- PLRA Exhaustion Requirement Not Retroactive
- PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
- Eighth Circuit Upholds, Defines IFP Provisions
- IFP Application Not Required When Suit Filed
- Physical Injury Requirement Not Retroactive
- No Leave to Amend Complaint for IFP Litigants
- PLRA Doesn't Ban Class Actions
- Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
- Daring Death Row Escape Shakes up Texas
- Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
- De Facto Ban on Live Testimony Unconstitutional
- South Carolina Parole Elimination Violates Ex Post Facto
- Illegal Detention Violates Substantive Due Process
- Jury Awards $8,000 in California Prison Assault
- New York Prisoners Have Right to Staff Assistance and Witness Testimony
- Seventh Circuit Defines Court Access Claims Involving Property
- Failure to Give Summary Judgement Notice is Reversible Error
- Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
- No Appeal Allowed in Louisiana Consent Decree Dissolution
- U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
- Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
- $45,000 Award in BOP Tort Claim Medical Neglect Suit
- Released Sex Offender Not "In Custody" for Habeas
- New York Jail Brutality Suit Settled for $3,500
- Timothy "Little Rock" Reed Released on Parole
- $1,500 in Disabled Prisoner Work Suit
- $355,000 Verdict in New York Asthma Death
- Mauro Vacated for Rehearing
- Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
- BOP Violent Offender Notification Policy Overinclusive
- Twenty-Four Hour Notice of Disciplinary Charges Required
- Seizure of Trust Account Interest Violates Takings Clause
- Denial of Handicapped Jail Facilities Set for Trial
- News in Brief
- Cane Seizure Can Violate Eighth Amendment
- $250,000 FTCA Beating Judgment Reversed
More from these topics:
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025. Parole, Life without Parole (LWOP), Implementing the Total Sentence.
- D.C. District Court Dismisses Class Action Against BOP Over Earned Sentence Credits, July 15, 2025. Good Time, First Step Act, Sentences - Corrections or Modifications of.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.