[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 00-1699 VICTOR VEGA-ENCARNACION, Plaintiff, Appellant, v. ROBERT MATHEWS, REGIONAL DIRECTOR, FEDERAL BUREAU OF PRISONS, ET AL., Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S. District Judge]

Before Torruella, Chief Judge, Campbell, Senior Circuit Judge, and Selya, Circuit Judge.

David W. Roman and Brown & Ubarri on brief for appellant.

Guillermo Gil, United States Attorney, Miguel A. Fernández and Camille Vélez-Rivé, Assistant United States Attorneys, on brief for appellees.

JUNE 7, 2001 Per Curiam. By order entered February 26, 2001, we stayed all proceedings in this fully-briefed appeal. In that order, we noted that the United States Supreme Court had granted certiorari to review the decision of the Court of Appeals for the Third Circuit in Booth v. Churner, 206 F.3d 289 (3d Cir.), cert. granted, 121 S. Ct. 377 (2000), and that "[t]he question to be considered by the Court is materially identical to that presented in the above-captioned case and will be determinative of this appeal." The Supreme Court has now decided Booth. See Booth v. Churner, No. 99-1964, 2001 U.S. LEXIS 3982 (May 29, 2001). That opinion confirms the correctness of the district court's decision in this case. Consequently, we vacate the stay previously entered and affirm the judgment below.

So Ordered.

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