Bop

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 2012.

While Abbott’s 2012 appeal was pending, the BOP changed its mind about proper procedure and changed its course. The BOP discovered internal guidance that, along with the quashing of one of Abbott’s warrants, resulted in a new review pursuant to which the BOP determined that Abbott was eligible to participate in RDAP. But the BOP also concluded that Abbott was not eligible to receive RDAP’s early release incentive of a sentence reduction, because of his prior Montana conviction for unlawful restraint. The BOP determined that the Montana unlawful restraint conviction was equivalent to “kidnaping,” barring his eligibility under 28 C.F.R. § 550.55 (b)(4).

We remanded this case to the district court for the limited purpose of determining Abbott’s…