Davies v. Benov, No.
15-17256 (5-17-17)(Gould w/Wardlaw & Callahan). The petitioner operated medical marijuana
dispensaries when he was federally charged with drug trafficking. He entered into a plea for a 5 year sentence
which included a waiver of collateral attacks.
A year into his imprisonment, Congress passed an appropriations rider
that barred BOP from using funds to imprison him when his acts complied with
state law. Petitioner argues that the
rider applies to him. He seeks to avoid
the waiver by arguing that it only bars attacks on his sentence; petitioner is
not attacking his sentence but the expenditure of BOP funds. The 9th affirms
the district court's dismissal. The
waiver, the 9th holds, is broad, and pertains to this challenge.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/05/17/15-17256.pdf
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