Irvin Moreno v. DeWayne Hendrix, Warden
AdministrativeLaw HabeasCorpus
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?
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)