Thursday, May 18, 2017

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:


Post a Comment

<< Home