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McCULLOUGH v. GRABER

No. 11-16920.

715 F.3d 1206 (2013)

Perry Adron McCULLOUGH, Petitioner-Appellant, v. Conrad M. GRABER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2013.

Attorney(s) appearing for the Case

Thomas S. Hartzell , Tucson, AZ, for the Petitioner-Appellant.

Bruce M. Ferg (argued), Assistant U.S. Attorney; Christina M. Cabanillas , Appellate Chief; John S. Leonardo , United States Attorney, United States Attorneys' Office, Tucson, AZ, for Respondent-Appellee.

Before: JEROME FARRIS and N. RANDY SMITH, Circuit Judges, and TIMOTHY M. BURGESS, District Judge.

OPINION

BURGESS, District Judge:

Perry A. McCullough brought a habeas petition requesting reconsideration of the Bureau of Prisons' rejection of his application to the Second Chance Act's elderly offenders pilot program, which no longer exists. The district court, considering the merits of the case, denied McCullough's habeas petition. We lack jurisdiction over the instant appeal because it is moot. But,...

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