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UNITED STATES v. McBRIDE

No. 77-1047.

560 F.2d 7 (1977)

UNITED STATES of America, Appellant, v. Lawrence Francis McBRIDE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 20, 1977.

Attorney(s) appearing for the Case

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

Mark S. Clark, Boston, Mass., with whom Henry B. Wynn, Boston, Mass., was on brief, for defendant, appellee.

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

LEVIN H. CAMPBELL, Circuit Judge.

In United States v. DiRusso (DiRusso II), 548 F.2d 372 (1st Cir. 1976), we held that a sentenced prisoner could not use 28 U.S.C. § 22551 as a vehicle for attacking a sentence imposed after promulgation of the United States Parole Commission's new paroling guidelines on the ground that the different parole policies reflected...

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