United States Ninth Circuit

Bureau of Prisons Program Statement 5162.04, which excludes certain classes of prisoners from early release programs, does not expand underlying BOP regulations and thus does not violate the Administrative Procedures Act.

Appellate Information

• Argued 06/07/2001
• Decided 10/23/2001
• Published 10/23/2001

Judges

• Before:  WALLACE, HALL, and T.G. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Assistant Federal Public Defender, Portland, Oregon, for the appellant.


• For Appellees:
  
• Kenneth C. Bauman and Thomas M. Gannon, Assistant United States Attorneys, Portland, Oregon, for the appellee.