Circuit split · criminal law
Whether the Bureau of Prisons' 2005 regulations categorically limiting a federal inmate's placement in a community corrections center (halfway house) to the final portion of the sentence are valid under 18 U.S.C. §§ 3621(b) and 3624(c).
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Muniz v. Sabol517 F3D 29
First Circuit Court of Appeals · February 26, 2008
“While we are loath to create a circuit split, we respectfully side with the dissenters.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 3621 — Imprisonment of a convicted person
“(a) Commitment to Custody of Bureau of Prisons.—A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. (b) Place of Imprisonment.—The Bureau of Prisons shall designate the place of the prisoner's imprisonment, and shall, subject to bed availability, the prisoner's security designation, the …”Read the full section →
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.