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JOHNSON v. HOLLEY

No. 74-1362.

528 F.2d 116 (1975)

Gus Albert JOHNSON, Petitioner-Appellant, v. Mason F. HOLLEY, Warden, U.S. Penitentiary, Terre Haute, Indiana, and U.S. Board of Parole, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 1975.

As Modified on Denial of Petition for Rehearing September 18, 1975.

Petition for Rehearing Denied October 31, 1975.

Attorney(s) appearing for the Case

Ivan Bodensteiner, Susan Huber Schwandt, Valparaiso University School of Law, Valparaiso, Ind., for petitioner-appellant.

John E. Hirschman, U.S. Atty., Richard L. Darst, Asst. U.S. Atty., Indianapolis, Ind., for respondents-appellees.

Before FAIRCHILD, Chief Judge, and SWYGERT and TONE, Circuit Judges.

As Modified on Denial of Respondents-Appellees' Petition for Rehearing September 18, 1975.

Petitioner-Appellant's Petition for Rehearing Denied October 31, 1975.

TONE, Circuit Judge.

This habeas corpus proceeding presents questions relating to delay in holding a parole revocation hearing and the necessity for counsel at that hearing. Since these questions were first raised on appeal and depend on facts not inquired into by the District Court, we remand...

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