Paul N. Bowen v. Robert A. Hood, 1 Warden, Fci, Sheridan

I join in Parts I, II, III, IV-B and V-B. However, because the regulation promulgated by the Bureau of Prisons (“Bureau”) directly contravenes the plain language of the governing statute by categorically excluding prisoners expressly declared eligible by Congress, I respectfully dissent from Parts IV-A and V-A and reversing the district court’s decision as to the Gavis Group.

As it pertains to the Gavis Group, this appeal presents the question of whether the Bureau may avoid the Congressional directive that non-violent offenders be eligible for sentence reductions by categorically excluding…