232
Opinion of the Court
ers does not cut short the considerations that may guide the BOP in implementing § 3621(e)(2)(B). See INS v. Yueh-Shaio Yang, 519 U. S. 26, 31. The Court also rejects Lopez's argument that the BOP must not make categorical exclusions, but may rely only on case-by-case assessments. Even if a statutory scheme requires individualized determinations, which this scheme does not, the decisionmaker has the authority to rely on rulemaking to resolve certain issues of general applicability unless Congress clearly expresses an intent to withhold that authority. E. g., Heckler v. Campbell, 461 U. S. 458, 467. The approach pressed by Lopez—case-by-case decisionmaking in thousands of cases each year—could invite favoritism, disunity, and inconsistency. Pp. 242-244.
(c) The regulation excluding Lopez is permissible. The BOP reasonably concluded that an inmate's prior involvement with firearms, in connection with the commission of a felony, suggests his readiness to resort to life-endangering violence and therefore appropriately determines the early release decision. P. 244.
186 F. 3d 1092, affirmed.
Ginsburg, J., delivered the opinion of the Court, in which O'Connor, Scalia, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy, J., joined, post, p. 245.
Mark V. Meierhenry argued the cause and filed briefs for petitioner.
Beth S. Brinkmann argued the cause for respondents. With her on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.*
Justice Ginsburg delivered the opinion of the Court.
Congress has provided, in 18 U. S. C. § 3621(e)(2)(B), that the Bureau of Prisons (Bureau or BOP) may reduce by up to one year the prison term of an inmate convicted of a non-violent felony, if the prisoner successfully completes a substance abuse program. The Bureau's implementing regula*Stephen R. Sady filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging reversal.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007