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KITTEL v. THOMAS

No. 09-35630.

610 F.3d 1115 (2010)

William KITTEL, Petitioner-Appellant, v. J.E. THOMAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2010.

Attorney(s) appearing for the Case

Stephen R. Sady and Lynn Deffebach, Office of the Federal Public Defender, District of Oregon, Portland, OR, for the petitioner-appellant.

Suzanne A. Bratis, United States Attorney's Office, District of Oregon, Portland, OR, for the respondent-appellee.

Before DAVID R. THOMPSON and M. MARGARET McKEOWN, Circuit Judges, and ROBERT J. TIMLIN, Senior District Judge.

OPINION

McKEOWN, Circuit Judge:

William Kittel, a federal prisoner incarcerated in Oregon, filed a pro se federal habeas petition under 28 U.S.C. § 2241. He challenges a Bureau of Prisons ("BOP") rule that categorically excludes from an early release incentive program prisoners whose offenses of conviction involved firearms possession. The district court dismissed his habeas petition as moot in light of Arrington v. Daniels,

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