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eBook details

• Title: Rem v. United States Bureau of Prisons
• Author : Eighth Circuit U.S. Court of Appeals
• Release Date : January 18, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[PUBLISHED] Submitted: February 10, 2003 In 1991, David Rem pleaded guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 151 months in prison to be followed by five years of supervised release. Near the end of his prison sentence, Rem completed a substance abuse treatment program that qualified him for early release under 18 U.S.C. § 3621(e)(2)(B). In October 2000, Rem brought a declaratory judgment action asserting he should not be subject to 18 U.S.C. § 4042(b) (enacted in 1994), which requires that state and local law enforcement be notified in writing of the release of a person convicted of a drug trafficking crime or a crime of violence. Rem argued Congress did not intend to apply § 4042(b) to a prisoner who qualifies for early release, his conviction did not fall under the statute, and the notification requirement is unconstitutional. In March 2001, the district court 1 granted summary judgment to the Bureau of Prisons (BOP), holding the notification requirement applied to Rem and was not unconstitutional. Rem was released to supervision in May 2001 and the BOP notified state and local law enforcement agencies as required by § 4042(b). Rem appeals the denial of declaratory relief, and we affirm.

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