No. 20-8194

Irvin Moreno v. DeWayne Hendrix, Warden

Lower Court: Ninth Circuit
Docketed: 2021-06-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: administrative-procedure-act bureau-of-prisons drug-trafficking nonviolent-offense sentence-reduction sentencing-reduction statutory-interpretation supervised-release
Key Terms:
AdministrativeLaw HabeasCorpus
Latest Conference: 2021-06-24
Question Presented (from Petition)

Did the BOP violate the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a nonviolent drug trafficking offense from eligibility for a sentence reduction under 18 U.S.C. § 3621(e) based on a supervised release violation for a prior conviction that is not included among the disqualifying prior offenses in 28 C.F.R. § 550.55(b)(4)?

II. In the alternative, did the BOP violate §§ 553 and 706 of the Administrative Procedure Act by promulgating what is functionally a substantive rule without notice-and-comment that irrationally and arbitrarily denied the petitioner categorical eligibility for a sentence reduction?

Question Presented (AI Summary)

Whether the BOP violated the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a nonviolent drug trafficking offense from eligibility for a sentence reduction under 18 U.S.C. § 3621(e) based on a supervised release violation for a prior conviction that is not included among the disqualifying prior offenses in 28 C.F.R. § 550.55(b)(4)

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-04
Waiver of right of respondent United States to respond filed.
2021-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2021)

Attorneys

Irvin Moreno
Stephen Reese SadyOregon Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent