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17-153 - LYTTLE v. KANE


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17-153 - LYTTLE v. KANE
March 21, 2018
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Entry Granting Defendant's Motion for Summary Judgment And Directing Entry of Final Judgment - Plaintiff Melvin R. Lyttle is an inmate confined at the Federal Prison Camp (FPC) in Terre Haute, Indiana. He was convicted of mail and wire fraud, money laundering and related conspiracies. Mr. Lyttle is serving a 14-year term of imprisonment. His projected release date is November 10, 2021, assuming he receives good time credits. He brings this action pursuant to the Administrative Procedures Act (APA), 5 U.S.C. §§ 702, 706. The BOP has allegedly denied Mr. Lyttle placement in a halfway house, home confinement, or Residential Reentry Center (RRC) and abused its discretion in applying 18 U.S.C. § 3624(c) (the Second Chance Act). The Second Chance Act enlarges the maximum time a prisoner may spend in a halfway house from six months to twelve months. Mr. Lyttle's request for placement in RRC or a halfway house is premature and this Court is without authority to review the BOP's placement decision as to Mr. Lyttle. The current regulations interpreting the Second Chance Act are not invalid. It is for these reasons that the BOP is entitled to judgment as a matter of law. The motion for summary judgment, dkt 21, is granted. Mr. Lyttle is not entitled to any relief in this action. Judgment consistent with this Entry shall now issue. (See Entry.) Copies to parties pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 3/21/2018. (RSF)