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SNISKY v. PUGH

August 18, 1997

JOSEPH G. SNISKY, Petitioner,
v.
MICHAEL V. PUGH, Warden, Respondent.



The opinion of the court was delivered by: CONABOY

 Presently before the Court is the Petitioner's motion for habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2241. The Petitioner alleges that he is entitled to a reduction in his sentence pursuant to 18 U.S.C. § 3621(e)(2)(B) because of his successful completion of a 500 hour Comprehensive Drug Treatment Program at the Federal Correctional Institution at McKean. For the reasons set forth infra, we shall deny the petitioner's motion.

 FACTUAL AND PROCEDURAL BACKGROUND

 The Petitioner is currently serving a one hundred twenty-one (121) month term of incarceration at the Allenwood Low Security Correctional Institution, White Deer, Pennsylvania. (Doc. 7, Exhibit 1, p. 3). Mr. Snisky was convicted in the United States District Court for the Middle District of Pennsylvania of Conspiracy to Distribute and to Possess With the Intent to Distribute Cocaine in violation of 21 U.S.C. § 846; Possession of Counterfeit Coins with the Intent to Defraud in violation of 18 U.S.C. § 485; and Possession of a Weapon by a Felon in violation of 18 U.S.C. § 922(g)(1). Id. at pp. 3-5. The Petitioner was also convicted of Conspiracy to Commit Wire Fraud in violation of 18 U.S.C. § 371. Id. at p. 5. Mr. Snisky successfully completed a 500 hour Drug Treatment Program on February 10, 1994 (Doc. 1, Exhibit A). The Bureau of Prison's determined that Mr. Snisky was ineligible for a reduction of his sentence under § 3621(e)(2)(B) because he was convicted of a crime of violence in violation of 18 U.S.C. § 922(g)(1). The Plaintiff argues that the completion of the program made him eligible for early release under 18 U.S.C. § 3621(e)(2)(B), contending that § 922(g)(1) is not a crime of violence.

 On March 7, 1997, the Petitioner filed this 28 U.S.C. § 2241 habeas corpus petition. (Doc. 1). This Court issued a rule to show cause Order (Doc. 4) on March 13, 1997, directing the government to respond to the Petitioner's allegations set forth in his habeas corpus petition. The government responded to the Court's Order on April 3, 1997. (Doc. 7).

 DISCUSSION

 In his habeas corpus petition, Snisky contends that the Bureau of Prisons (hereinafter "BOP") decided that he was ineligible for a reduction in his sentence pursuant to 18 U.S.C. § 3621(e)(2)(B) of the Violent Crime Control and Law Enforcement Act of 1994, because it was determined by the BOP that his conviction for Possession of a Weapon by a Felon was a crime of violence. (Doc. 1, P. 8).

 The Act provides:

 
(2) Incentive for prisoners' successful completion of treatment program.-
 
(B)Period of custody.- 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, but such reduction may not be more than one year from the term the prisoner must otherwise serve.

 18 U.S.C. § 3621(e)(2)(B) (1994).

 Although the statute does not define "nonviolent offense," the BOP has implemented regulations which define "crime of violence" as it is used in the criminal code. The applicable regulation is 28 C.F.R. § 550.58, which provides:

 
an inmate who completes a residential drug abuse treatment program during his or her current commitment may be eligible for early release by a period not to exceed 12 months, . . . unless the inmate's current offense is determined to be a ...

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