United States Ninth Circuit

In a habeas corpus case challenging US Bureau of Prison (BOP) regulations, an order granting habeas corpus and directing the BOP to immediately consider transferring petitioner to a Residential Re-Entry Center (RRC) is affirmed because BOP regulations allowing prisoner transfer to RRCs only in the final ten percent of their sentences violate Congressional intent that the BOP is authorized to transfer prisoners at any time.

Appellate Information

• Argued 03/11/2008
• Decided 09/04/2008
• Published 09/04/2008

Judges

• Before:  PROCTER HUG, JR., PAMELA ANN RYMER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• McGregor W. Scott, Thomas E. Flynn, Sacramento, CA, (briefed), and Phillip A. Talbert, Sacramento, CA, (argued), for respondent-appellant Dennis Smith., Stephen R. Sady, Lynn Deffebach, Portland, OR, for petitioner-appellee Jose Rodriguez.