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DOWNEY v. CRABTREE

No. 96-35471.

100 F.3d 662 (1996)

Bruce DOWNEY, Petitioner-Appellee, v. Joseph CRABTREE, Warden, Federal Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

Thomas M. Gannon, United States Department of Justice, Washington, DC, for respondent-appellant.

Stephen R. Sady, Chief Deputy Federal Public Defender, and Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for petitioner-appellee.

Before: ALDISERT, PREGERSON, and T.G. NELSON, Circuit Judges.

ALDISERT, Circuit Judge.

This appeal by Joseph H. Crabtree, warden of the Federal Correctional Institution, Sheridan, Oregon, requires us to decide if the federal Bureau of Prisons properly defined "convicted of a nonviolent offense" as set forth in 18 U.S.C. § 3621(e)(2)(B) of the Violent Crime Control and Law Enforcement Act of 1994. Such a determination is necessary to review whether the district court properly held that Petitioner Bruce Downey, a federal...

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