DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071651P.pdf 05/30/2008 Gary Miller v. J.D. Whitehead
U.S. Court of Appeals Case No: 07-1651
and No: 07-1652
and No: 07-1653
and No: 07-1654
U.S. District Court for the District of South Dakota
[PUBLISHED] [Colloton, Author, with Beam and Benton, Circuit Judges]
Prisoner case - habeas. The transfer of plaintiffs Howard and Lovato to
Residential Re-entry Centers under a new Bureau of Prisons' policy
mooted their challenge to the Bureau's actions on their earlier requests
for transfer to such program; policy which called for the Bureau to
evaluate decisions on transfer to such programs 11 to 13 months before a
release date was reasonable and did not create the kind of absolute
exclusion of a class of inmates which this court has rejected in its earlier
decisions on the programs; policy guideline which normally limited
placement in a Residential Re-entry Center to 180 days, absent
extraordinary circumstances, was not contrary to the applicable statute or
this court's decisions.