United States Ninth Circuit

A policy statement relied on by the Bureau of Prisons (BOP) is not inconsistent with federal law, and the BOP's decision not to grant nunc pro tunc designation was not arbitrary or capricious, thus, habeas petition denied; dual sovereignty, comity, federalism and full faith and credit arguments rejected.

Appellate Information

• Argued 11/09/2001
• Decided 03/28/2002
• Published 03/28/2002

Judges

• Before HUG, JR., T.G. NELSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven T. Wax (argued), Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Michael Brown, Assistant United States Attorney, Portland, OR, for the respondent-appellee.