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Topic:
Legal, Drug & Firearm Possesion
 
Title:
Lopez Vs. Davis
 
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Related Research Christopher A. Lopez, Petitioner v. Randy J. Davis, Warden, et al.
531 U.S. 230 (2001)
January 10, 2001

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Facts:


Christopher Lopez was charged with possession of methamphetamine with intention to distribute. He was also found to be in possession of a firearm when he was arrested. He was convicted and sentenced to do time in prison. The Bureau of Prisons had developed a statute which allowed for prisoners to enroll in a substance abuse program and reduce their sentence by up to one year. As a rule only prisoners of “nonviolent” crimes were allowed to take advantage of this program. The Bureau had also decided that any person who used or possessed a firearm in conjunction with their crime would be categorized as ineligible for the early release program. Lopez, not knowing that he was ineligible for the program, submitted an application for the substance abuse program. He was accepted into the program but then found that he was ineligible for release because he was categorized as ineligible for the program in the first place. He filed an appeal with the eighth circuit court. The court reviewed his case and reversed the lower court’s decision by ordering the Bureau of Prisons to review his case saying that the Bureau was not allowed to categorically deny release to prisoners. The Bureau of Prisons protested that they had been given the authority to create the program so they should also be able to limit and decide who was eligible for the early release program.


Issue:


The question that is being brought before the Supreme Court is whether or not the Bureau of Prisons had the authority to categorize inmates and decide which of them should be able to be released from their sentence early.


Ruling:


The Supreme Court reviewed the case and affirmed the lower court’s decision. The text of statute that allows for the early release of prisoners says “The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons.” Lopez read this and felt that he should be able to be released from his sentence early because his crime was considered to be nonviolent in nature. He didn’t know that there was also another statute that said that drug trafficking was to be considered a violent crime if the convict received an enhancement of his sentence. The fact that Lopez possessed a firearm during his arrest allowed him to receive this enhancement, thus considering his crime one of violence.

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