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MURPHY v. HOOD

No. 01-35140.

276 F.3d 475 (2001)

Barton Lee MURPHY, Petitioner-Appellant, v. Robert A. HOOD, Warden, FCI Sheridan, Oregon, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2001.

Attorney(s) appearing for the Case

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

Thomas M. Gannon, Department of Justice, Washington, DC, for the appellee.

Before: KLEINFELD and GOULD, Circuit Judges, and ROLL, District Judge.

ROLL, District Judge:

Petitioner Barton Lee Murphy (Murphy) appeals from the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. The petition was filed after he was admitted to the Bureau of Prison's (BOP) drug treatment program but was later denied the opportunity to complete the program because he was deemed a flight risk based upon a prior escape conviction. This determination...

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