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DAVIS v. CRABTREE

No. 96-35516.

109 F.3d 566 (1997)

Albert Raymond DAVIS, Petitioner-Appellee, v. Joseph H. CRABTREE, Warden, Federal Correctional Institution, Sheridan, Oregon, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1997.

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, Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for petitioner-appellee.

Before: FLETCHER, and TASHIMA, Circuit Judges, and SCHWARZER, District Judge.

TASHIMA, Circuit Judge.

We must decide whether the Bureau of Prisons (BOP) may deny reduction of a prisoner's period in custody1 under the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to otherwise eligible prisoners who have been convicted under 18 U.S.C. § 922(g) (felon in possession of a firearm) on the ground that they have been convicted of an offense that was not "nonviolent." We conclude that the BOP may not...

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