Vega-Encarnacion v. Mathews

U.S. Court of Appeals for the First Circuit
Vega-Encarnacion v. Mathews, 13 F. App'x 9 (1st Cir. 2001)

Vega-Encarnacion v. Mathews

Opinion of the Court

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, — U.S. —, 121 S.Ct. 377, 148 L.Ed.2d 291 (2000), and that “[t]he question to be considered by the Court is materially identical to that presented in *10the 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.

Sb Ordered.

Reference

Full Case Name
Victor VEGA-ENCARNACION v. Robert MATHEWS, Regional Director, Federal Bureau of Prisons
Status
Published