Bottinelli v. Salazar

The Ninth Circuit affirmed the district court's denial of petitioners' joint petition for a writ of habeas corpus. Petitioners contend that the recently enacted First Step Act's amendment to the good time provision requires the Bureau of Prisons (BOP) to recalculate their sentences immediately.The panel held that the Act's good time credit amendment did not take immediate effect upon enactment but will become effective with the establishment of the "risk and needs assessment system" on July 19, 2019. The panel stated that Congress provided "clear direction" in paragraph 102(b)(2) to delay the implementation of the good time credit amendment until the Attorney General establishes the "risk and needs assessment system." Furthermore, the delay was not a drafting oversight and the delay did not violate the Constitution. View "Bottinelli v. Salazar" on Justia Law