DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042253P.pdf 10/18/2004 Anthony Elwood v. Cole Jeter
U.S. Court of Appeals Case No: 04-2253
Eastern District of Arkansas
Prisoner case - habeas. Bureau of Prison's policy of limiting prisoner
placement in Community Corrections Centers to the lesser of six months
or ten percent of the prisoner' sentence is based on an erroneous
interpretation of 18 U.S.C. Sections 3621(b) and 3624(c) and is invalid;
Section 3621(b) gives the Bureau the discretion to transfer prisoners to
the centers at any time during their incarceration; the Bureau is required
to place prisoners in conditions that will afford them a reasonable
opportunity to adjust to and prepare for release into the community
during a reasonable part of the last ten percent of their prison term, to
the extent practicable; this duty shall not extend beyond the last six months
of the prisoner's sentence. Judge Riley, Dissenting.
[PUBLISHED] [Melloy, Author, with Riley and Lay, Circuit Judges]