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GROVE v. FEDERAL BUREAU OF PRISONS

No. 99-3509.

245 F.3d 743 (2001)

Rick Lee GROVE, Appellee, v. FEDERAL BUREAU OF PRISONS; Martha Jordan, Warden, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2001.

Attorney(s) appearing for the Case

Rachel K. Paulose, AUSA, Minneapolis, MN, for the appellant, on brief, B. Todd Jones, U.S. Attorney, Alison E. Vander Vort, AUSA, Minneapolis, MN.

Sharon K. Hills of Apple Valley, MN, for the appellee.

BEFORE: HANSEN, MURPHY, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

The Federal Bureau of Prisons (BOP) appeals the district court's grant of a writ of habeas corpus to Rick Lee Grove, ordering the BOP to find that Grove is not ineligible to apply for an early release pursuant to 18 U.S.C. § 3621(e)(2)(B). We reverse the grant of the writ and remand in light of Lopez v. Davis, 531 U.S. 230, 121 S.Ct. 714, 148 L.Ed.2d 635 (2001) (affirming Bellis v. Davis,

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