Zacher v. Tippy

Appeal from the United States District Court for the District of Minnesota. Submitted: October 22, 1999 Glenn H. Zacher appeals from the district court's 1 denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (1994). Zacher petitioned for the writ on the ground that he ought to be released a year early from his sentence for conspiracy to possess marijuana with intent to distribute, because he participated in the Bureau of Prisons' drug abuse treatment program. The Bureau of Prisons denied Zacher early release because he had an earlier state conviction that falls within the Bureau's definition of aggravated assault and therefore disqualifies him from early release under 28 C.F.R. § 550.58 (1999). Zacher appeals the denial of the writ, arguing that the Bureau of Prisons changed the requirements for early release after he complied with existing standards. He also contends that he is not subject to the requirement of 18 U.S.C. § 4042(b) (1994 and Supp. III 1997) that law enforcement officials be notified before his release. We affirm in part and remand in part for dismissal by the district court.