United States Ninth Circuit

The Bureau of Prisons (BOP) violated section 706(2)(A) of the Administrative Procedure Act (APA) when it promulgated a regulation categorically excluding from eligibility for early release under a particular statute, those whose "current offense is a felony...[t]hat involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives[.]"

Appellate Information

• Argued 07/09/2007
• Decided 02/20/2008
• Published 02/20/2008

Judges

• REINHARDT, Circuit Judge:, Before:  STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Esq., Chief Deputy Federal Public Defender, Portland, OR, for the petitioners.


• For Appellees:
  
• Karin J. Immergut, Esq., Kelly A. Zusman, Esq., United States Department of Justice, Portland, OR, for the respondent.