Persechini v. Callaway

LOKEN, Circuit Judge.

Michael Louis Persechini was convicted of second-degree burglary in a Missouri state court and sentenced to fifteen years in prison. With the prior approval of the Missouri Department of Corrections, the trial court also sentenced him as a chronic nonviolent offender with a serious drug addiction to the Department’s long-term substance-abuse treatment program at the Ozark Correctional Center (“OCC”). Had he successfully completed this program, Persechini would have been eligible for probation. See Mo.Rev.Stat. § 217.362(2) & (3). Instead, he was terminated from the…