Elliott Levine v. Craig Apker
Court of Appeals for the Second Circuit
1Opinion of the Court
Judge RAGGI dissents in a separate opinion.
CALABRESI, Circuit Judge.
Elliott Levine, a federal prisoner at all times relevant to this action, appeals the denial of two petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Like many federal actions across the country, his applications challenge two agency actions by the Bureau of Prisons (“BOP”) that limit the placement of federal prisoners in community corrections centers (“CCCs”), commonly known as halfway houses. The first agency action, a policy implemented by the BOP in December 2002 (“December 2002 Policy”), construed two…
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