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KIMBERLIN v. WHITE

No. 92-6084.

7 F.3d 527 (1993)

Brett C. KIMBERLIN, Petitioner-Appellant, v. O.I. WHITE and United States Parole Commission, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1993.

Attorney(s) appearing for the Case

Nathan A. Bicks, Burch, Porter & Johnson, Memphis, TN, Stephen H. Sachs (briefed), Rene L. Todd (argued and briefed), and Melinda Hardy, Wilmer, Cutler & Pickering, Washington, DC, for petitioner-appellant.

Daniel A. Clancy, U.S. Atty., Harriett Miller Halmon, Asst. U.S. Atty., Office of the U.S. Atty., Memphis, TN and Richard K. Preston, II (argued and briefed), U.S. Parole Com'n, Chevy Chase, MD, for respondent-appellee.

Before KENNEDY and NORRIS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

ALAN E. NORRIS, Circuit Judge.

Petitioner, Brett Kimberlin, appeals the district court's dismissal of his second petition for a writ of habeas corpus alleging that respondent, United States Parole Commission ("the Commission"), violated his due process rights by vindictively redetermining his parole release date and failing to show good cause for a substantial upward departure from the parole guidelines. 798 F.Supp. 472. Finding...

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