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PECK v. THOMAS

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

697 F.3d 767 (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.

Amended October 5, 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.

ORDER

The opinion filed on June 19, 2012, slip op. 7097 and available at 682 F.3d 1201 (2012), is amended as follows:

1. At slip op. 7109 [682 F.3d at 1208], the following sentence should be changed from "But the BOP's unsuccessful attempts to enact the regulation at issue do not demonstrate willful noncompliance with statutory mandates, and no court has ever found this to be case." to "But the BOP's unsuccessful attempts...

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