260 F.3d 1158 | 9th Cir. | 2001
260 F.3d 1158 (9th Cir. 2001)
NELLO L. GRASSI, Petitioner-Appellee,
v.
ROBERT HOOD, Warden, Federal Correctional Institution, Sheridan, Oregon, Respondent-Appellant.
No. 00-35275
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Argued and Submitted March 6, 2001--Portland, Oregon
Filed May 16, 2001
Amended August 8, 2001
NOTE: SEE OPINION AT 251 F.3d 1218.
Thomas M. Gannon, Department of Justice, Washington, D.C., for the respondent-appellant.
Stephen R. Sady, Chief Deputy Public Defender, Portland, Oregon, for the petitioner-appellee.
Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding, D.C. No. CV-99-01105-ALH
Before: Thomas G. Nelson, Susan P. Graber, and Johnnie B. Rawlinson, Circuit Judges.
ORDER
The Opinion filed on May 16, 2001, is amended as follows:
On slip opinion page 6224, lines 3 through 8, replace the sentence "As relevant to this appeal, both . . . ." with:
As explained in the BOP's 1995 program statement, the BOP defined "crimes of violence" to include drug-trafficking convictions in which the offender received a two-level enhancement under U.S.S.G. § 2D1.1 for possessing a dangerous weapon during the commission of a drug offense.
With this amendment, the panel has voted to deny the petition for rehearing and petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it.
The petition for rehearing and petition for rehearing en banc are DENIED.
