Peck

ORDER

The opinion filed on June 19, 2012, slip op. 7097 and available at 682 F.3d 1201 (2012), is amended as follows:

With this amendment, the panel judges have voted to deny appellant’s petition for panel rehearing and petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Appellant’s petition for panel rehearing and petition for rehearing en banc, filed August 3, 2012, is DENIED.

No further petitions for panel rehearing or rehearing en banc will be considered.

OPINION

Petitioners Lonnie Peck, Louis Moon, and Deven Suesue are statutorily eligible for early release from prison in exchange for the successful completion of a residential drug abuse treatment program (“RDAP”). The Bureau of Prisons (“BOP”), however, has enacted a regulation disqualifying them from the early release incentive on the basis of their current convictions for felon in possession and one petitioner’s past conviction for robbery. See 28 C.F.R. § 550.55 (b). Petitioners each filed for a writ of habeas corpus asking the district court to invalidate the regulation…