Elliott Levine v. Craig Apker

REENARAGGI,

dissenting.

I respectfully dissent from the majority’s conclusion that the Bureau of Prisons (“BOP”) abused its rulemaking authority when, in 2005, it promulgated a rule (the “February 2005 Rule”) allowing the designation of inmates “to community confinement only as part of pre-release custody and programming which will afford the prisoner a reasonable opportunity to adjust to and prepare for re-entry into the community.” 28 C.F.R. § 570.20(a) (emphasis added). As part of this rule, the BOP will designate inmates to community confinement centers (“CCCs”) “only as part of pre-release…