in deciding the case at bar. In Roussos, the petitioner was convicted of conspiracy to distribute narcotics in violation of 21 U.S.C. § 846. During a search of the petitioner's residence, weapons were found. The trial court treated the weapons as connected with the drug offense and imposed a two-level sentence enhancement for possession of a firearm during a drug trafficking offense. After the petitioner was placed in BOP custody, he completed a drug treatment program in order to obtain a one-year sentence reduction. The BOP, however, denied him eligibility for the sentence reduction because of his two-level sentence enhancement. Petitioner then sought to overturn the BOP's decision through court action.
The United States Court of Appeals for the Third Circuit, looking to the decision in Downey v. Crabtree,that the Recommendation of United States Magistrate Judge is rejected to the extent that it directs the BOP to grant Mr. Hicks a one-year sentence reduction if he successfully completes the program.
NOTES
[1]  In Sisneros, the petitioner was assured by BOP staff before he began a drug treatment program that he was eligible for a one-year sentence reduction and only after completing the program did the BOP determine that he was ineligible for a one-year sentence reduction because he had received a two-level sentence enhancement at sentencing. Judge Weinshienk determined that the BOP was estopped from considering the petitioner's sentence enhancement and ordered the BOP to reinstate the sentence reduction he previously had been allowed.
