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Arsonist-Killer Not Eligible for Elderly House Confinement Program\\n\\nJack Ferranti, acting as his own attorney, appealed the District Court\'s\\n orders denying his petition for habeas relief under 28 U.S.C. \\xa7 2241 \\nand his motion to reconsider.\\n\\nFACTS\\n\\nFerranti was responsible for causing a fire at his business that \\nresulted in the death of a firefighter. The trial judge sentenced him to\\n 435 months\' imprisonment. See United States v. Ferranti, 928 F.Supp. \\n206, 21316 (E.D.N.Y. 1996). His conviction and sentence were affirmed on\\n appeal. See United States v. Tocco, 135 F.3d 116 (2d Cir. 1998).\\n\\nIn Jack Ferranti v. Warden Allenwood LSCI, No. 22-1892, United States \\nCourt of Appeals, Third Circuit (June 30, 2023) noted that Ferranti was \\nconvicted in the United States District Court for the Eastern District \\nof New York of arson homicide, arson conspiracy, 16 counts of mail \\nfraud, and witness tampering, based on an insurance-fraud scheme. The \\nThird Circuit resolved the request for release to the elderly home \\nconfinement program (EOHDP).\\n\\nIn 2020, Ferranti argued that he met the criteria for the EOHDP, and he \\nasked for the District Court to order the BOP to process his application\\n and place him in the program.\\n\\nANALYSIS\\n\\nAs the District Court explained, federal courts do not have the \\nauthority to grant the relief that Ferranti requested to order his \\nplacement in the EOHDP. The executive branch, not the courts, have \\ncontrol over an inmate\'s placement. Moreover, even if the ability to \\nchallenge the BOP\'s actions were available through habeas, Ferranti did \\nnot establish that he qualified for the program.\\n\\nThe statute disqualifies those whom "the Bureau of Prisons, on the basis\\n of information the Bureau uses to make custody classifications, and in \\nthe sole discretion of the Bureau, [determines] to have a history of \\nviolence."\\n\\nFurther, even if he did qualify, the BOP would not be required to place \\nhim in the EOHDP because, again, the statute leaves placement as a \\nmatter of discretion for the BOP. In any event, the BOP did not err by \\nconcluding that Ferranti\'s history of violence-comprised of the \\nunderlying conduct for his convictions as well as disciplinary \\ninfractions in prison-disqualified him from participating in the EOHDP.\\n\\nZALMA OPINION\\n\\nIn an example of Chutzpah, Ferranti sought release from prison into the \\nEOHDP in violation of the program\'s requirement that only a non-violent \\nprisoner is allowed into the program. Just being elderly, especially \\nafter the arson-for-profit scheme resulted in the death of a \\nfirefighter, was denied by the District Court and the Third Circuit \\nwithout hesitation.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\nPlease tell your friends and colleagues about this blog and the videos \\nand let them subscribe to the blog and the videos.\\n\\nSubscribe and receive videos limited to subscribers of Excellence in \\nClaims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.\\n\\n\\nConsider subscribing to my publications at substack at https://barryzalma.substack.com/publish/post/107007808\\n\\n\\nGo to Newsbreak.com\\xa0 https://www.newsbreak.com/@c/1653419?s=01\\n