Opinion
No. 00-35275.
Argued and Submitted March 6, 2001.
Filed May 16, 2001. Amended August 8, 2001.
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: T.G. NELSON, GRABER, and 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.