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Abstract: 

In United States v. Peterson, 2013 U.S. Dist. LEXIS 5405 (D.N.M. Jan. 7, 2013), the court ruled that a drug offender’s 8 to 10 year sentence as a “career offender” was excessive, failed to take into account Peterson’s early success participating in a drug rehabilitation program. Also covers a different conclusion reached in Jones v. Skalski, 2012 U.S. App. LEXIS 22227 (10th Cir. Oct. 24, 2012), where plaintiff’s claim for early release was denied when his “completion” of a treatment program was revoked behavior problems that occurred after he had successfully completed the program. Finally, in Gallegos-Hernandez v. United States, 688 F.3d 190 (5th Cir. 2012), the appellate court ruled that the Second Chance Act did not supersede the Federal Bureau of Prison’s discretion in making early-release decisions and that denying aliens the opportunity to participate in rehabilitation programs because they are not citizens does not violate their equal protection rights.

Keywords: Post-Sentence Rehabilitation; alien detainees

Affiliations:  1: Pace University School of Law Library.