Legal Opinion
Gary Lee Gunderson v. Robert A. Hood, Warden
Court of Appeals for the Ninth Circuit
Decided October 23, 2001No. 00-36102, 01-35535PublishedCited by 58 opinions
1Opinion of the Court
OPINION
T.G. NELSON, Circuit Judge:
Federal prisoner Gary Lee Gunderson contends that because the Bureau of Prisons (“BOP”) Program Statement 5162.04 is inconsistent with BOP regulations and has a substantive effect upon him, the BOP may not employ it to deny him early release as a result of his drug rehabilitation program participation. We do not agree that the program statement is substantive rather than interpretive as applied to him. Accordingly, we affirm the district court.
I
BACKGROUND AND DISTRICT COURT PROCEEDINGS
A. Evolution of the Challenged Program
Title 18 U.S.C. § 3621(e)(2)(B)…
2Cases cited17 opinions
- Reno v. KoraySupreme Court of the United States · 1995
- Lopez v. DavisSupreme Court of the United States · 2001
- Shalala v. Guernsey Memorial HospitalSupreme Court of the United States · 1995
- Richard Pickus v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1974
- Bruce Downey v. Joseph Crabtree, Warden, Federal Correctional InstitutionCourt of Appeals for the Ninth Circuit · 1996
12 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Simmat v. United States Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 2005
- Sabil M. Mujahid v. Charles A. Daniels, WardenCourt of Appeals for the Ninth Circuit · 2005
- Arrington v. DanielsCourt of Appeals for the Ninth Circuit · 2008
- Paulsen v. DanielsCourt of Appeals for the Ninth Circuit · 2005
- Hemp Industries Ass'n v. Drug Enforcement AdministrationCourt of Appeals for the Ninth Circuit · 2003
53 more not listed; retrieve them via the Exa API.