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Supreme Court Rules Early Releases Can Be Denied
By Reuters
Published: 01/19/2001

The U.S. Supreme Court has ruled that the Bureau of Prisons may deny early release for inmates who have been convicted of certain firearms offenses, even if they have completed a drug abuse program.
The high court, by a 6-3 vote, held the federal agency properly used its discretion in interpreting a law that allows it to reduce by up to one year the prison term of an inmate convicted of a nonviolent offense who completes the program.
The Bureau of Prisons in its regulation determined that inmates convicted of carrying, possessing or using a firearm should be ineligible for early release. It said a drug trafficking conviction would be considered a violent crime if the inmate had a dangerous weapon at the time of the offense.
Justice Ruth Bader Ginsburg said for the court majority the Bureau of Prisons may categorically exclude prisoners from early release eligibility based on their conduct before their conviction.
The case involved Christopher Lopez, who was convicted in Iowa in 1997 of possessing methamphetamine with intent to distribute. He received a six-year prison term, reflecting his possession of a firearm in connection with the offense.
Lopez wanted to participate in the drug treatment program, but was told he would not qualify for early release. He sued, challenging the denial of his eligibility for early release.
A U.S. appeals court ruled the law vests broad discretion to the Bureau of Prisons in determining which inmates convicted of nonviolent offenses may be appropriate candidates for early release. The justices upheld that decision. The sentence-reduction case is Lopez v. Davis, 99-7504



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