United States Ninth Circuit

In consolidated petitions for habeas relief, filed by three petitioners who are statutorily eligible for early release from prison in exchange for the successful completion of a residential drug abuse treatment program (RDAP), but where the Bureau of Prisons (BOP) has enacted a regulation disqualifying them from the early release incentive on the basis of their current convictions for felon in possession and one petitioner's past conviction for robbery. the denial of petitions is affirmed over petitioner's attempts to invalidate the regulation under section 706 of the Administrative Procedure Act (APA).

Appellate Information

• Decided 06/19/2012
• Published 06/19/2012

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel