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GUNDERSON v. HOOD

Nos. 00-36102, 01-35535.

268 F.3d 1149 (2001)

Gary Lee GUNDERSON, Petitioner-Appellant, v. Robert A. HOOD, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2001.

Attorney(s) appearing for the Case

Stephen R. Sady, Assistant Federal Public Defender, Portland, Oregon, for the appellant.

Kenneth C. Bauman and Thomas M. Gannon, Assistant United States Attorneys, Portland, Oregon, for the appellee.

Before: WALLACE, HALL, and T.G. NELSON, Circuit Judges.

Argued and Submitted June 7, 2001 — Seattle, Washington.

OPINION

T.G. NELSON, Circuit Judge:

Federal prisoner Gary Lee Gunderson contends that because the Bureau of Prisons ("BOP") Program Statement 5162.04 is inconsistent with BOP regulations and has a substantive effect upon him, the BOP may not employ it to deny him early release as a result of his drug rehabilitation program participation. We do not agree that the program statement is...

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