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REED v. BUTTERWORTH

No. 16178.

297 F.2d 776 (1961)

George J. REED, Chairman, U. S. Board of Parole, et al., Appellants, v. Lloyd D. BUTTERWORTH, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1961.

Attorney(s) appearing for the Case

Mr. David Rubin, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. Burke Marshall, Messrs. David C. Acheson, now U. S. Atty., Oliver Gasch, U. S. Atty., at the time the brief was filed, Harold H. Greene and Kenneth M. Levy, Attys., Dept. of Justice, were on the brief, for appellants. Mr. Charles T. Duncan, Prin. Asst. U. S. Atty., also entered an appearance for appellants.

Mr. George J. Goldsborough, Jr., Washington, D. C. (appointed by this court), filed a brief on behalf of appellee.

Before WILBUR K. MILLER, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This case raises serious issues as to the procedures adopted by the United States Board of Parole in dealing with a parolee who allegedly had violated the conditions of his parole.

Appellee Butterworth was sentenced by the United States District Court for the Western District of Michigan to five years imprisonment for transporting a stolen motor vehicle in interstate commerce. After serving three years and five months, he was given...

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