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STOKES v. U.S. PAROLE COM'N

No. 01-5432.

374 F.3d 1235 (2004)

Cedric STOKES Abdus Salaam Muhammed, Appellant, v. UNITED STATES PAROLE COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2004.

Attorney(s) appearing for the Case

Timothy P. O'Toole, Attorney, Public Defender Service of the District of Columbia, argued the cause for appellant. With him on the briefs were James W. Klein and Giovanna Shay, Attorneys.

Edward E. Schwab, Acting Deputy Corporation Counsel, and Mary L. Wilson, Assistant Corporation Counsel, were on the brief as amicus curiae in support of appellant's position on jurisdiction.

John R. Fisher, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Elizabeth H. Danello, Robert D. Okun and Lisa H. Schertler, Assistant U.S. Attorneys. MaryPatrice Brown, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and RANDOLPH and ROBERTS, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Cedric Stokes challenges the district court's denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2241. In his petition Stokes claimed the United States Parole Commission violated the Ex Post Facto Clause of the Constitution of the United States by denying him parole and determining his parole rehearing date on the basis of regulations and guidelines promulgated...

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