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LEWIS v. BEELER

No. 90-6299.

949 F.2d 325 (1991)

James W. LEWIS, Petitioner-Appellant, v. Art BEELER, Warden; and the United States Parole Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 13, 1991.

Attorney(s) appearing for the Case

Donald V. Morano, Chicago, Ill., for petitioner-appellant.

Michael A. Stover, Gen. Counsel, U.S. Parole Com'n (Kristie K. Stafford, Atty., U.S. Parole Com'n, Chevy Chase, Md., with him, on the brief, Timothy D. Leonard, U.S. Atty., and Ronny D. Pyle, Asst. U.S. Atty., Oklahoma City, Okl., of counsel), for defendants-appellees.

Before SEYMOUR and EBEL, Circuit Judges, and MATSCH, District Judge.

EBEL, Circuit Judge.

This appeal raises the following four questions:

1. Can evidence that was known by investigative agencies but not by the United States Parole Commission ("the Commission") at the time of a prisoner's initial parole determination be considered "new information" sufficient for the Commission to reopen the prisoner's case under 28 C.F.R. § 2.28(f)? 2. Once a prisoner's case is reopened, can the Commission consider information...

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