United States Ninth Circuit

In a drug possession prosecution, the denial of petitioner's habeas petition is affirmed where the Bureau of Prisons' unwritten requirement that petitioner present documented proof of substance use within twelve months of imprisonment to be eligible for a drug treatment program was not required to comply with the Administrative Procedure Act's procedural requirements including: 1) the need for an agency to provide ample notice and time for comment; and 2) an agency's explanation of its rationale for adopting a particular rule.

Appellate Information

• Argued 03/03/2010
• Decided 04/14/2010
• Published 04/14/2010

Judges

• TALLMAN, Circuit Judge:, Before RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Lynn Deffebach (argued), Office of the Federal Public Defender for the District of Oregon, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Kent S. Robinson, Kevin Danielson, Suzanne A. Bratis (argued), Office of the United States Attorney for the District of Oregon, Portland, OR, for the respondent-appellee.