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JONES v. JOHNSTON

Nos. 74-1424, 74-1517.

534 F.2d 353 (1976)

William Harvey JONES v. Steve D. JOHNSTON, Executive U.S. Board of Parole, Appellant. Arthur E. BYRD et al., Individually and on behalf of others similarly situated v. Maurice J. SIGLER, Chairman, et al., Appellants, Delbert C. Jackson, Director Department of Corrections District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1976.

Rehearing Denied June 9, 1976.

Attorney(s) appearing for the Case

Steven W. Snarr, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Robert M. Werdig, Jr., and Oscar Altshuler, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellants.

Robert Plotkin, Washington, D. C. (appointed by this court), with whom Dina Lassow and Richard Hand, Washington, D. C., were on the brief, for appellees.

Before McGOWAN and ROBINSON, Circuit Judges, and GUS J. SOLOMON, Senior United States District Judge for the District of Oregon.

Opinion for the court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

These appeals present the question of when a prisoner serving a sentence for a crime committed while on parole, and against whom a parole violator warrant has been issued and lodged as a detainer, is entitled to a revocation hearing and determination upon request. The Government, appealing two District Court decisions,1 insists that hearing and determination...

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