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.