Publication Date


Document Type

Survey Article


The Eleventh Circuit Court of Appeals addressed a broad range of administrative law issues during 1995. In a case of first impression for the Eleventh Circuit, the court held that a criminal defendant's time spent in halfway and safe houses cannot be credited against the defendant's sentence. In reaching this conclusion, the court deferred to a "program statement" issued without notice and comment by the United States Department of Justice's Bureau of Prisons. The court also discussed, but did not decide, the first impression issue for the circuit of the proper scope of judicial review in an appeal of a criminal conviction for violation of an Endangered Species Act regulation. In this case, the court applied the same scope of judicial review that would be applied in a proceeding for direct review of the rule, and upheld the defendant's conviction for the unlawful sale of Alabama red-bellied turtles.