Friday, July 26, 2019

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:



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