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PECK v. THOMAS

Nos. 11-35283, 11-35296, 11-35355.

682 F.3d 1201 (2012)

Lonnie PECK, Petitioner-Appellant, v. J.E. THOMAS, Respondent-Appellee. Louis D. Moon, Petitioner-Appellant, v. J.E. Thomas, Warden, Respondent-Appellee. Deven Suesue, aka Devon Suesue, Petitioner-Appellant, v. J.E. Thomas, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2012.

Attorney(s) appearing for the Case

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

Ronald K. Silver , Assistant United States Attorney, Portland, OR, for the appellant.

Before: WILLIAM A. FLETCHER, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

Petitioners Lonnie Peck, Louis Moon, and Deven Suesue are statutorily eligible for early release from prison in exchange for the successful completion of a residential drug abuse treatment program ("RDAP"). The Bureau of Prisons ("BOP"), however, has enacted a regulation disqualifying them from the early release incentive on the basis of their current convictions for felon in possession and one petitioner's past conviction for...

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