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UNITED STATES v. DiRUSSO

No. 76-1291.

548 F.2d 372 (1976)

UNITED STATES of America, Respondent, Appellant, v. Anthony J. DiRUSSO, Petitioner, Appellee.

United States Court of Appeals, First Circuit.

Decided December 27, 1976.

Attorney(s) appearing for the Case

William A. Brown, Asst. U.S. Atty., Chief, Civ. Div., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for respondent-appellant.

Ann Lambert Greenblatt, Newton, Mass., with whom Harvey A. Silverglate, Boston, Mass., Charles A. Clifford, Charlestown, Mass., and Silverglate, Shapiro & Gertner, Boston, Mass., were on brief, for petitioner-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This is the second time we have considered issues arising from the application of the United States Parole Commission's "paroling policy guidelines" to the sentence being served by Anthony DiRusso. See United States v. DiRusso, 535 F.2d 673 (1st Cir. 1976) (DiRusso I).

In February, 1975, over a year following the promulgation of the Parole Commission's parole policy guidelines, DiRusso pleaded...

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