In a drug prosecution, a denial of petitioner's habeas petition is reversed where the Bureau of Prisons failed to provide a rational explanation for its regulations categorically excluding prisoners with certain prior convictions from early release eligibility.
Argued and Submitted February 2, 2009
Filed August 25, 2009
Opinion by Judge Rawlinson
Stephan R. Sady, Chief Deputy Federal Public Defender, Portland, OR
Suzanne A. Bratis, Assistant United States Attorney, Portland, OR