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CRICKON v. THOMAS

No. 08-35250.

579 F.3d 978 (2009)

Jerry CRICKON, Petitioner-Appellant, v. J.E. THOMAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2009.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Lynn Deffebach, Portland, OR, on behalf of petitioner-appellant Jerry Crickon.

Suzanne A. Bratis, Assistant United States Attorney, Portland, OR, on behalf of respondent-appellee J.E. Thomas.

Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and BRUCE S. JENKINS, District Judge.

RAWLINSON, Circuit Judge:

Appellant Jerry Crickon (Crickon) challenges regulations promulgated by the Bureau of Prisons (BOP) that categorically exclude prisoners with certain prior convictions from early release eligibility. Because we conclude that the BOP failed to provide a rational explanation for the exclusion in the administrative record, we reverse the district court's decision denying Crickon's habeas petition.

I. BACKGROUND

A. Regulatory...

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