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March 3, 2011

Ninth Circuit rejects effort to get review of BOP decisions about RDAP under the APA

Though the alphabet soup of abbreviations in the title of this post may only make sense to some federal sentencing practitioners, all sentencing fans ought to be somewhat intrigued by the little ruling today by the Ninth Circuit in Reeb v. Thomas, No. 09-35815 (9th Cir. Mar. 3, 2011) (available here), which gets started this way:

This case requires us to decide whether a district court has subject matter jurisdiction to review the Bureau of Prisons’ (“BOP”) individualized residential drug abuse program (“RDAP”) determinations, a question of first impression in this Circuit.  The existence of subject matter jurisdiction is a question of law reviewed de novo.  Puri v. Gonzales, 464 F.3d 1038, 1040 (9th Cir. 2006).  Because we hold that 18 U.S.C. § 3625 precludes judicial review under the Administrative Procedure Act (“APA”) of the BOP’s individualized RDAP determinations made pursuant to 18 U.S.C. § 3621, we vacate and remand to the district court.

March 3, 2011 at 06:06 PM | Permalink


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