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GATEWOOD v. OUTLAW

No. 08-2197.

560 F.3d 843 (2009)

Kennard GATEWOOD, Petitioner-Appellant, v. T.C. OUTLAW, Warden, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2009.

Attorney(s) appearing for the Case

Angela Lorene Pitts, AFPD, argued, Fayetteville, AR, for Appellant.

Clarence Daniel Stripling, AUSA, argued, Fletcher Jackson, on the brief, Little Rock, AR, for Appellee.

Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.

LOKEN, Chief Judge.

Kennard Gatewood was convicted of being a felon in possession of a firearm, violating 18 U.S.C. § 922(g). While serving his sentence, he successfully completed a 500-hour Bureau of Prisons ("BOP") residential drug abuse program and sought the discretionary sentence reduction BOP may grant under 18 U.S.C. § 3621(e)(2)(B). BOP did not reduce his sentence, instead applying its regulation declaring an inmate convicted of a felony firearm...

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