Nello L. Grassi v. Robert Hood, Warden, Federal Correctional Institution, Sheridan, Oregon ( 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

1

The Opinion filed on May 16, 2001, is amended as follows:

2

On slip opinion page 6224, lines 3 through 8, replace the sentence "As relevant to this appeal, both . . . ." with:

3

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.

4

With this amendment, the panel has voted to deny the petition for rehearing and petition for rehearing en banc.

5

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.

6

The petition for rehearing and petition for rehearing en banc are DENIED.