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

By Douglas A. Berman

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...continue to full post

Full post as published by Sentencing Law and Policy on March 03, 2011 (boomark / email).