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TABLADA v. THOMAS

No. 07-35538.

533 F.3d 800 (2008)

Ismael TABLADA, Petitioner-Appellant, v. J.E. THOMAS, Warden, Federal Correction Institute, Sheridan, Oregon, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2008.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for petitioner-appellant Ismael Tablada.

Karin J. Immergut, United States Attorney, Scott E. Asphaug, Assistant United States Attorney, and Kelly A. Zusman, Assistant United States Attorney, Portland, OR, for the respondent-appellee.

Before: MARSHA S. BERZON and CARLOS T. BEA, Circuit Judges, and PHILIP S. GUTIERREZ, District Judge.

GUTIERREZ, District Judge:

In this appeal, we consider whether the Bureau of Prisons ("BOP") violated the Administrative Procedure Act ("APA") in promulgating 28 C.F.R. § 523.20, the regulation interpreting 18 U.S.C. § 3624(b), which governs the calculation of good conduct time for federal prisoners. The district court held that the BOP's interpretation in § 523.20 was reasonable and that it did not violate § 706(2)(A) of the APA. Accordingly,...

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