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  • Rice v. Ray, 4th Cir. (1998)

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    This document summarizes a United States Court of Appeals case involving petitioner Bruce Rice appealing the denial of relief on his petition under 28 U.S.C. § 2241. The Court of Appeals affirms the decision of the district court based on its recent decision in Pelissero v. United States, which upheld the Bureau of Prisons' policy of denying a sentence reduction under 18 U.S.C.A. § 3621(e) to prisoners convicted of felony possession of a firearm. As Rice was incarcerated for the same offense of being a felon in possession of a firearm, the court found that under Pelissero he was not entitled to the sentence reduction contemplated by § 3621(e)(2

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    Filed: 1998-10-13 Precedential Status: Non-Precedential Docket: 97-7142

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    This document summarizes a United States Court of Appeals case involving petitioner Bruce Rice appealing the denial of relief on his petition under 28 U.S.C. § 2241. The Court of Appeals affirms the decision of the district court based on its recent decision in Pelissero v. United States, which upheld the Bureau of Prisons' policy of denying a sentence reduction under 18 U.S.C.A. § 3621(e) to prisoners convicted of felony possession of a firearm. As Rice was incarcerated for the same offense of being a felon in possession of a firearm, the court found that under Pelissero he was not entitled to the sentence reduction contemplated by § 3621(e)(2

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    5 views2 pages

    Rice v. Ray, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case involving petitioner Bruce Rice appealing the denial of relief on his petition under 28 U.S.C. § 2241. The Court of Appeals affirms the decision of the district court based on its recent decision in Pelissero v. United States, which upheld the Bureau of Prisons' policy of denying a sentence reduction under 18 U.S.C.A. § 3621(e) to prisoners convicted of felony possession of a firearm. As Rice was incarcerated for the same offense of being a felon in possession of a firearm, the court found that under Pelissero he was not entitled to the sentence reduction contemplated by § 3621(e)(2

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7142

    BRUCE RICE,
    Petitioner - Appellant,
    versus
    M. E. RAY, Warden; FEDERAL CORRECTIONAL INSTITUTE, ESTILL,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (CA-97-120-6)

    Submitted:

    September 30, 1998

    Decided:

    October 13, 1998

    Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Bruce Rice, Appellant Pro Se. Barbara Murcier Bowens, OFFICE OF THE
    UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bruce Rice appeals the district courts order denying relief
    on his 28 U.S.C. 2241 (1994) petition. We recently upheld the
    Bureau of Prisons policy of denying a sentence reduction under 18
    U.S.C.A. 3621(e) (West Supp. 1998) to a prisoner serving a sentence for felony possession of a firearm. See Pelissero v. United
    States, ___ F.3d ___, 1998 WL 559663, at *3-6 (4th Cir. Sept. 3,
    1998) (No. 97-6156). Rice currently is incarcerated pursuant to a
    conviction for being a felon in possession of a firearm. Under
    Pelissero, he is not entitled to the sentence reduction contemplated by 3621(e)(2)(B). We therefore affirm the decision of the
    district court. We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.

    AFFIRMED

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