Legal Opinion
Muniz v. Sabol
Court of Appeals for the First Circuit
Decided February 26, 2008No. 06-2692, 06-2693PublishedCited by 34 opinions
1Opinion of the Court
HOWARD, Circuit Judge.
This case requires us to decide whether the Bureau of Prisons (BOP) may, through rulemaking, deny placement in a community corrections center (CCC) 1 to all prisoners during the first ninety percent of their sentences. The question has divided district court judges in this and other circuits, although the four circuit courts of appeal that have considered the issue have determined that the BOP lacks such authority. 2 Each of the circuit opinions has been accompanied by a dissent. While we are loath to create a circuit split, we respectfully side with the dissenters. The…
2Cases cited23 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Heckler v. CampbellSupreme Court of the United States · 1983
- Lopez v. DavisSupreme Court of the United States · 2001
- Woodall v. Federal Bureau of PrisonsCourt of Appeals for the Third Circuit · 2005
- American Hospital Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1991
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3Cited by34 opinions
- Gonzalez-Fuentes v. MolinaCourt of Appeals for the First Circuit · 2010
- Francis v. MaloneyCourt of Appeals for the First Circuit · 2015
- Neang Chea Taing v. NapolitanoCourt of Appeals for the First Circuit · 2009
- Miller v. WhiteheadCourt of Appeals for the Eighth Circuit · 2008
- Rodriguez v. SmithCourt of Appeals for the Ninth Circuit · 2008
29 more not listed; retrieve them via the Exa API.