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ABBOTT v. FEDERAL BUREAU OF PRISONS

No. 12-35801.

771 F.3d 512 (2014)

Shane Aaron ABBOTT, Petitioner-Appellant, v. FEDERAL BUREAU OF PRISONS; J.E. Thomas, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2014.

Attorney(s) appearing for the Case

Stephen R. Sady (argued), Chief Deputy Federal Public Defender, Portland, OR, for Petitioner-Appellant.

S. Amanda Marshall , United States Attorney, Kelly A. Zusman , Appellate Chief, Natalie K. Wight (argued), Assistant United States Attorney, Portland, OR, for Respondents-Appellees.

Before: KIM McLANE WARDLAW, RONALD M. GOULD, and MORGAN CHRISTEN, Circuit Judges.

OPINION

GOULD, Circuit Judge:

In 2011, Petitioner Shane Abbott ("Abbott") sought acceptance into the Residential Drug Abuse Program ("RDAP") run by the Bureau of Prisons ("BOP") and was denied, based on a 2009 BOP rule that precluded prisoners with outstanding warrants from RDAP eligibility. He filed a petition for a writ of habeas corpus seeking to compel the BOP to allow him into RDAP, which was denied by the district court. He appealed that decision in...

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