Whether the BOP violated the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a nonviolent drug trafficking offense from eligibility for a sentence reduction under 18 U.S.C. § 3621(e) based on a supervised release violation for a prior conviction that is not included among the disqualifying prior offenses in 28 C.F.R. § 550.55(b)(4)

QUESTION PRESENTED In 18 U.S.C. § 3621(e)(2)(B), Congress authorized the Bureau of Prisons (BOP) to grant a sentence reduction of up to one year for federal prisoners “convicted of a nonviolent offense” who successfully complete in-prison residential drug abuse treatment. In addition ; to statutory disqualifications, the regulation implementing the statute adds “current felony conviction[s}” deemed as disqualifying and lists “prior felony or misdemeanor conviction[s}” that also disqualify prisoners. 28 C.F.R. § 550.55(b)(4) & (5). The questions presented are: I. Did the BOP violate the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a nonviolent drug trafficking offense from eligibility for a sentence reduction ; ; under 18 U.S.C. § 3621(e) based on a supervised release violation for a prior conviction that is not included among the disqualifying prior offenses in 28 C.F.R. § 550.55(b)(4)? Il. Inthe alternative, did the BOP violate §§ 553 and 706 of the Administrative : Procedure Act by promulgating what is functionally a substantive rule without notice-and-comment that irrationally and arbitrarily denied the petitioner categorical eligibility for a sentence reduction?