Home -> Law Blog Directory -> Criminal Law Blogs -> Puerto Rico Association of Criminal Defense Lawyers

Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

Terry v. Menifee, No. 04-4505, 004 WL 2434978 (S.D.N.Y. Nov. 1, 2004) follows Goldings v. Winn and Elwood v. Jetter

By Tom Lincoln

We posted on Elwood v. Jetter here, and on Goldings v. Winn, here, here, and most recently here. Now this in via Howard O. Kieffer at BOPWatch:On November 1, 2004, Chief Judge Michael B. Mukasey (SDNY), in Terry v. Menifee, No. 04-4505, 2004 WL 2434978 (S.D.N.Y.), found that the statutory interpretation underlying the BOP's current policy regarding limiting CCC placement to the last 10% of one's sentence to be erroneous.The court found that the BOP is entitled to deference ("some deference") in its interpretation and, while making it clear to note that it was not requiring placement in a CCC, it granted the petition and required reconsideration for CCC placement consistent with the factors BOP considers, etc. The Court stated that: The First and Eighth Circuits, the only Courts of Appeals that have spoken on the matter so far, have invalidated the BOP's new policy on the ground that the BOP's interpretation of the statutes is erroneous...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on November 12, 2004 (boomark / email).