Legal Opinion

Ferrante v. U.S. Bureau of Prisons

District Court, D. New Jersey

Decided January 7, 1998No. CIV. A. 97-4617PublishedCited by 2 opinions

1Opinion of the Court

OPINION

ORLOFSKY, District Judge.

This petition for a writ of habeas corpus requires that I review the confusing state of the Supreme Court’s retroactivity jurisprudence to evaluate the calculation of a prison sentence pursuant to 18 U.S.C. § 3585(b). 1 Petitioner, John Ferrante, challenges the retroactive application of the Supreme Court’s decision in Reno v. Koray, 515 U.S. 50, 115 S.Ct. 2021, 132 L.Ed.2d 46 (1995), which reversed the Third Circuit and held that a defendant’s prison sentence could not be reduced by the duration of his confinement to a community treatment center as a condition…

2Cases cited53 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. Lockhart v. FretwellSupreme Court of the United States · 1993
  4. Penry v. LynaughSupreme Court of the United States · 1989
  5. Weaver v. GrahamSupreme Court of the United States · 1981

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3Cited by2 opinions

  1. Sugarman, Neil Paril v. Pitzer, PercyCourt of Appeals for the D.C. Circuit · 1999
  2. KORNHAUSER v. ORTIZDistrict Court, D. New Jersey · 2020

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