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Michael Louis Persechini v. L. Callaway; Sheriff Jerry Smith; Brian O'connell; Virgil Landsdown

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Submitted: March 17, 2011

Before RILEY, Chief Judge, LOKEN and COLLOTON, Circuit Judges.

Michael Louis Persechini was convicted of second-degree burglary in a Missouri state court and sentenced to fifteen years in prison. With the prior approval of the Missouri Department of Corrections, the trial court also sentenced him as a chronic nonviolent offender with a serious drug addiction to the Department’s long-term substance-abuse treatment program at the Ozark Correctional Center (“OCC”). Had he successfully completed this program, Persechini would have been eligible for probation. See Mo. Rev. Stat. § 217.362 (2) & (3). Instead, he was terminated from the program after pleading guilty to violating one of the Department’s “cardinal rules,” in this case, theft of a towel from the prison’s property room. Termination resulted in the mandatory execution of his fifteen-year sentence. See § 217.362(4).

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