United States Eighth Circuit

Denial of petition for habeas relief is affirmed where the district court properly rejected plaintiff's argument that the regulation declaring him ineligible for sentence reduction was invalid due to the failure to articulate an adequate rationale in the administrative record. There was a consistent public safety rationale in the informal rulemaking process of the regulation, and thus the final rule was not arbitrary and capricious even though the rationale was not fully reiterated in the final administrative record.

Appellate Information

• Decided 03/26/2009
• Published 03/26/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela Lorene Pitts, AFPD, argued, Fayetteville, AR, for Appellant.


• For Appellees:
  
• Clarence Daniel Stripling, AUSA, argued, Fletcher Jackson, on the brief, Little Rock, AR, for Appellee.