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Ninth Circuit Affirms Dismissal of Habeas Petition That Sought to Ensure Reduction In Supervised Release Term Based on Arrington Decision

A Federal District court properly dismissed a federal habeas petition as moot that sought additional relief based on the Ninth Circuit’s decision in Arrington v. Daniels, 516 F. 3d 1106 (9th Cir. 2008).

After the Ninth Circuit’s Arrington decision, the BOP deemed William Kittle eligible for early release for completing the BOP’s Residential Drug Abuse Program (RDAP). Kittel, received seven months off his sentence for completing the RDAP.

Kittel, who had sought habeas relief before Arrington was decided, sought to keep his habeas petition alive post Arrington with the hope that his supervised release term might be reduced by five months, the difference between the maximum early release benefit for completing RDAP and the seven months he received.

The District Court dismissed Kittel’s habeas petition as moot, and the Ninth Circuit affirmed. “What Kittel seeks is a protective ruling as to the applicability of Arrington to his case in order to support a future motion for a reduction in his term of supervised release, which the court held was inappropriate as Arrington was the law of the Circuit and not subject to question.

See: Kittel v.Thomas, No. 09-35630 (9th Cir. 2010).

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Related legal case

Kittel v.Thomas