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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46667 Judge Sweet PLAINTIFF, CURRENTLY incarcerated at the Federal Correctional Institution in Otisville, New York (FCI Otisville), petitioned for a writ of habeas corpus and for a writ in the nature of mandamus. Plaintiff also moved for a preliminary injunction and for a declaratory judgment, challenging the determination of the warden of FCI Otisville that he can spend no more than the final 10 percent of his 21-month sentence in a Community Corrections Center (CCC). Plaintiff argued that this decision was based on the implementation of a new policy by the Federal Bureau of Prisons (BOP) that mandated that pre-release designation to CCCs would be limited to the last 10 percent of an inmate’s prison terms, not to exceed six months (the “10 percent rule”). The court granted plaintiff’s request for injunctive relief, finding that his children will be without his financial support during the approximately four months when he would be eligible to be designated to a CCC under BOP’s previous policy but not under the 10 percent rule.

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