Legal Opinion

Monahan v. Winn

District Court, D. Massachusetts

Decided August 12, 2003No. CIV.03-40075-NG, CIV.03-10308-NG, CRIM.01-10385-NG, CIV.03-40139-NGPublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM RE: BUREAU OF PRISONS’ NEW COMMUNITY CONFINEMENT POLICY

GERTNER, District Judge.

I. INTRODUCTION

Just before Christmas 2002, after many judges and court personnel had left for the holidays, the Bureau of Prisons (“BOP”) faxed a letter to all federal judges. In the letter, the BOP announced that designations of offenders to community confinement were forbidden as a matter of law, notwithstanding the long-established BOP policy and practice of adopting judicial recommendations to place nonviolent inmates in such facilities to serve short terms of imprisonment. The BOP also announced its…

2Cases cited61 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Sandin v. ConnerSupreme Court of the United States · 1995
  4. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  5. Hewitt v. HelmsSupreme Court of the United States · 1983

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3Cited by30 opinions

  1. Goldings v. WinnCourt of Appeals for the First Circuit · 2004
  2. Dismas Charities, Inc. v. United States Department of Justice, Federal Bureau of PrisonsCourt of Appeals for the Sixth Circuit · 2005
  3. Muniz v. SabolCourt of Appeals for the First Circuit · 2008
  4. Colton v. AshcroftDistrict Court, E.D. Kentucky · 2004
  5. Kane v. WinnDistrict Court, D. Massachusetts · 2004

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