HOLMES v. UNITED STATES

No. 76-1694.

551 F.2d 1140 (1977)

Ronald John HOLMES, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1977.


Attorney(s) appearing for the Case

Daniel M. Scott, Asst. U. S. Atty., Minneapolis, Minn., for appellant; Robert G. Renner, U. S. Atty., Minneapolis, Minn., on brief.

Bernard P. Becker, St. Paul, Minn., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and URBOM, Chief District Judge.


PER CURIAM.

The Government's appeal in this § 2255 proceeding presents the issue whether the district court (Judge Miles W. Lord) exceeded its jurisdiction when it ordered the United States Parole Board to evaluate appellee Ronald John Holmes' parole eligibility based upon parole board guidelines in effect at the time of Holmes' sentencing, rather than the current guidelines which were adopted after Holmes' sentencing.

A brief review of the proceedings...

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