VAN BLARICOM v. FORSCHT

No. 72-1374.

489 F.2d 1034 (1973)

Earl VAN BLARICOM, Petitioner-Appellant, v. Donald FORSCHT, as United States Marshal, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended January 15, 1974.

Rehearing Granted February 20, 1974.


Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender, Theodore J. Sakowitz, Asst. Federal Public Defender, Miami, Fla., for petitioner-appellant.

Robert W. Rust, U. S. Atty., Carol M. Anderson, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.


Rehearing En Banc Granted February 20, 1974.

ON PETITION FOR REHEARING

PER CURIAM:

Our original holding was contained in Part I, "Statutory Requirements," and was that the procedure employed in revoking appellant's parole was improper because only two out of three members of the eight-man Board voted for revocation of his parole, while the statutory mandate, 18 U.S.C. § 4207, and the implementing regulation, 28 C.F.R. § 2.40, call for revocation...

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