United States Ninth Circuit

Denial of former prisoner's habeas petition challenging the Federal Bureau of Prisons' (BOP) decision to terminate its early-release correctional program for penal inmates is affirmed where, although the appeal was not moot and petitioner had standing for her challenge: 1) the BOP decision was not susceptible to review under the Administrative Procedure Act (APA); 2) notice and comment procedures under the APA were not required; 3) the termination of boot camp did not violate federal sentencing statutes, the sentencing guidelines, or the separation of powers; and 4) the decision did not violate the prohibition on Ex Post Facto punishment or circuit court holdings on retroactive agency action.

Appellate Information

• Argued 12/06/2006
• Decided 05/09/2007
• Published 05/09/2007

Judges

• BEA, Circuit Judge., Before:  JEROME FARRIS, RICHARD R. CLIFTON, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Federal Public Defender, Portland, OR, argued the cause for the appellant.


• For Appellees:
  
• Andrew Y.S. Cheng, United States Attorney's Office, San Francisco, CA, argued the cause for the appellee.  Kevin V. Ryan and Joann Swanson, United States Attorney's Office, San Francisco, CA, were on the briefs.