of the drug treatment program, as permitted by Title 18, United States Code, Section 3621(e). Cuevas argues that, as a nonviolent offender, he was eligible for such a reduction, and that the defendants were arbitrary and capricious in refusing him one. He maintains that had the defendants granted the reduction, he would have been released between June 9, 1998 and September 25, 1998. This would have permitted him to complete the supervised release portion of his sentence no later than September 25, 1999. Cuevas asks the Court to grant his petition and order the defendants to retroactively set his release date at June 10, 1998.
The Court ordered the defendants to supply a response, which they filed on March 31, 1999. In their two page memorandum, the defendants dowrit of habeas corpus pursuant to Title 28, United States Code, Section 2241, for retroactive reduction of his sentence is hereby GRANTED, and his term of imprisonment is hereby REDUCED so that he is deemed to have been released from imprisonment and to have commenced his one year term of supervised release on September 25, 1998.
