United States Ninth Circuit

In a drug prosecution, a denial of petitioner's habeas petition is reversed where the Bureau of Prisons failed to provide a rational explanation for its regulations categorically excluding prisoners with certain prior convictions from early release eligibility.

Appellate Information

• Argued 02/02/2009
• Decided 08/25/2009
• Published 08/25/2009

Judges

• RAWLINSON, Circuit Judge:, Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and BRUCE S. JENKINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Chief Deputy Federal Public Defender, Lynn Deffebach, Portland, OR, on behalf of petitioner-appellant Jerry Crickon.


• For Appellees:
  
• Suzanne A. Bratis, Assistant United States Attorney, Portland, OR, on behalf of respondent-appellee J.E. Thomas.