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Lopez Vs. Davis

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  • US Supreme Court
  • Oct 30, 2000

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  1. Reno Vs. Koray US Supreme Court · Apr 24, 1995
  2. Blessing Vs. Freestone US Supreme Court · Apr 21, 1997
  3. U.S. 230 (2000) October Term, 2000 Syllabus Lopez V. Davis
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  4. BOP to fill, the Court of Appeals stated, deference is owed the BOP's interpretation under Chevron U. S. A. Inc. v. Natural
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  5. a way that is reasonable in light of the Legislature's revealed design. E. g., NationsBank of N. c., N. A. v. Variable
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  6. e)(2)(B). See INS v. Yueh-Shaio
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  7. issues of general applicability unless Congress clearly expresses an intent to withhold that authority. E. g., Heckler v. Campbell
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  8. and was therefore eligible under the statute for the early release incentive. Martin v. Gerlinski
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  9. see also Fristoe v. Thompson
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  10. Byrd v. Hasty
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  11. Roussos v. Menifee
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  12. Downey v. Crabtree
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  13. upheld the Bureau's classification of drug offenses attended by firearm possession as violent crimes. Pelissero v. Thompson
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  14. Venegas v. Henman
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  15. Id., at 19. The Eighth Circuit reversed. Bellis v. Davis
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  16. e)(2)(B) for the Bureau to fill, deference is owed the BOP's interpretation under Chevron U. S. A. Inc. v. Natural
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  17. e)(2)(B) permits no categorical exclusions of nonviolent offenders based on sentence enhancements. Ward v. Booker
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  18. Kilpatrick v. Houston
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  19. from early release consideration inmates who possessed a firearm in connection with their nonviolent offenses. Bowen v. Hood
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  20. NationsBank of N. c., N. A. v. Variable
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  21. see also Reno v. Koray
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  22. attend to these factors as well. Its regulation in this regard is kin to the Attorney General's order upheld in INS v. Yueh-Shaio
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  23. defeats Congress' purpose of giving inmates an incentive to undergo drug treatment. Brief for Petitioner 24-29. In INS v. Yueh-Shaio
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  24. American Hospital Assn. v. NLRB
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  25. accord, Heckler v. Campbell
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  26. to address this matter, which was not raised or decided below, or presented in the petition for certiorari. Blessing v. Freestone
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  27. discretion categorically or on the basis of pre conviction conduct, his reliance on the rule is unavailing. See Caron v. United
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  28. of this case is therefore governed by the first step in the familiar test announced in Chevron U. S. A. Inc. v. Natural
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  29. United States v. Haggar
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  30. misguided. In order to fulfill the statute's requirements, the BOP must already 4 This Court's decision in INS v. Yueh-Shaio
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  31. dispositive weight to certain postconviction criteria or neardispositive weight to preconviction criteria. Cf. Heckler v. Campbell
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  32. Syllabus LOPEZ v. DAVIS
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  33. Chevron U. S. A. Inc. v. Natural
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  34. N. A. v. Variable
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  35. See INS v. Yueh-Shaio
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  36. Heckler v. Campbell
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  37. Martin v. Gerlinski
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  38. Fristoe v. Thompson
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  39. Pelissero v. Thompson
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  40. Bellis v. Davis
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  41. Ward v. Booker
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  42. Bowen v. Hood
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  43. INS v. Yueh-Shaio
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  44. In INS v. Yueh-Shaio
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  45. See Caron v. United
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  46. Cf. Heckler v. Campbell
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