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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46941 Judge Hellerstein AFTER A guilty plea, the court sentenced plaintiff to 29 months incarceration with a recommendation to the Bureau of Prisons (BOP) that plaintiff serve the final 18 months of the sentence in a halfway house, or Community Confinement Center (CCC). The BOP had adhered to a longstanding practice of transferring inmates from custodial facilities to serve the final six months of their terms in CCCs, with possible discretion before that period for proper cause. In 2002, the BOP placed tighter limitations upon the length of time prisoners could spend in CCCs, to the extent that plaintiff would be able to spend only the final two months of his sentence in such an institution. Plaintiff brought a petition for a writ of habeas corpus, challenging the new BOP procedure and its retroactive application to his sentence. The instant court granted the writ, finding that the BOP was wrong to adopt the more restrictive policy on placing inmates in halfway houses.

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