Bottinelli
et al v. Salazar, No. 19-35201 (7-15-19)(Owens w/Fernandez & Graber).
The 9th holds that the First Step’s “good time” credit amendment
does not take immediate effect upon enactment, but becomes effective with the
establishment of the First Step’s “risk and needs assessment system” on July
19, 2019. The petitioner had argued on appeal that the First Step’s amendment
to “good time” credit required immediate re-calculation of their sentences, and
thus either accelerating their dates for release or transfer to prerelease
custody. The 9th finds that the text clearly links re-calculation of
good time credit to the creation of the “risk and needs assessment system.”
Because of the text, the Congress did not intend an immediate fix. The 9th
also found no drafting error nor constitutional violation.
The
decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/15/19-35201%20web.pdf
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