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BOP's Noncompliance With Parole Provisions Settles For $346.18
Illinois federal prisoner Michael Knowles petitioned for a writ of mandamus against the Bureau of Prisons (BOP) in 1997 to enjoin their noncompliance with statutory parole provisions mandating his parole eligibility. Knowles agreed to dismiss the petition in exchange for being awarded $346.18.
Knowles was incarcerated at the Federal Prison Camp in Florence, Colorado, until 1996 after receiving a 27 year sentence in 1991 for violating Unites States Code § 846 and § 963 of Title 21, in accordance with the Comprehensive Crime Control Act of 1987 (Act). The Act's effective date was November 1, 1987, which was after he committed the offense, and he appealed the sentencing. His sentence was vacated and remanded for re-sentencing under proper guidelines. The United States Probation Office provided a presentence report suggesting that Knowles serve 24 to 36 months prior to being released on parole. Knowles received a 20 year sentence. However, the sentencing order did not stipulate his ineligibility for parole. BOP Operations Statement 59 87(5330), section F, specifically states that § 846 and § 963 violators are "eligible for parole" under the Anti Drug Abuse Act of 1986. His application and subsequent administrative parole hearing requests were denied and he petitioned for the writ of mandamus.
The U.S. District Court for the District of Colorado authorized the stipulated dismissal which awarded Knowles $346.18 after he paid the $150 filing fee. See: Knowles v. Federal Bureau of Prison, USDC, D. Colo., Case No. 97 Z 2645 (Jan. 22, 1999).
Knowles was incarcerated at the Federal Prison Camp in Florence, Colorado, until 1996 after receiving a 27 year sentence in 1991 for violating Unites States Code § 846 and § 963 of Title 21, in accordance with the Comprehensive Crime Control Act of 1987 (Act). The Act's effective date was November 1, 1987, which was after he committed the offense, and he appealed the sentencing. His sentence was vacated and remanded for re-sentencing under proper guidelines. The United States Probation Office provided a presentence report suggesting that Knowles serve 24 to 36 months prior to being released on parole. Knowles received a 20 year sentence. However, the sentencing order did not stipulate his ineligibility for parole. BOP Operations Statement 59 87(5330), section F, specifically states that § 846 and § 963 violators are "eligible for parole" under the Anti Drug Abuse Act of 1986. His application and subsequent administrative parole hearing requests were denied and he petitioned for the writ of mandamus.
The U.S. District Court for the District of Colorado authorized the stipulated dismissal which awarded Knowles $346.18 after he paid the $150 filing fee. See: Knowles v. Federal Bureau of Prison, USDC, D. Colo., Case No. 97 Z 2645 (Jan. 22, 1999).
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Related legal case
Knowles v. Federal Bureau of Prison
| Year | 1999 |
|---|---|
| Cite | USDC, D. Colo., Case No. 97 Z 2645 (Jan. 22, 1999) |
| Level | District Court |
| Conclusion | Settlement |
| Damages | $346.18 |
No other information is currently available.