BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement
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The petitioner had been determined eligible for early release upon completion of a substance abuse treatment program and was then disqualified based on a new Bureau of Prisons rule disqualifying those who had received sentence enhancements for weapons possession. The court refuses to stay this habeas petition pending resolution of a similar case, holds the rule inconsistent with the underlying statute because it bases eligibility on factors other than the nature of the offense, and anyway the new rule could not be applied retroactively to a prisoner who had received a final decision from the agency holding him eligible. See: Nelson v. Crabtree, 59 F.Supp.2d 1081 (D.Or. 1999).