U.S. v. Paige.
U.S. v. Paige, 369 F.Supp.2d 1257 (D.Mont. 2005). A federal prisoner filed a habeas petition challenging the Bureau of Prisons (BOP) policy that precluded his placement in a community corrections center, as recommended by the sentencing court. The district court granted the petition, finding that the prisoner was not required to first exhaust his administrative remedies before the court could consider the petition, because by the time the inmate exhausted every available administrative remedy he would nearly be done serving his entire sentence. The court held that the statutes governing placement of inmates in prerelease custody did not authorize the BOP policy, under which inmates were designated to a community corrections center only for the lesser of six months or ten percent of their sentence. The court ordered the BOP to consider the appropriateness of transferring the inmate to a community confinement center. (Federal Correctional Center, Florence, Colorado)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||Aug 1, 2005|
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