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PEREA v. UNITED STATES BOARD OF PAROLE

No. 73-1004.

480 F.2d 608 (1973)

Ismael PEREA, Plaintiff-Appellant, v. UNITED STATES BOARD OF PAROLE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 5, 1973.

Attorney(s) appearing for the Case

Richard B. Foley, Denver, Colo., for plaintiff-appellant.

Richard J. Smith, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., on brief), for defendant-appellee.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a mandamus action against the United States Board of Parole to compel the Board to consider the eligibility of prisoner Perea for parole. The district court granted a motion to dismiss and this appeal followed. Prisoner was convicted of violations of 21 U.S.C. § 174 (1964) and 26 U.S.C. § 4705(a) (1964) and on January 19, 1968, was sentenced to two concurrent five-year terms...

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