GARCIA v. UNITED STATES BD. OF PAROLE

No. 76-1675.

557 F.2d 100 (1977)

George B. GARCIA, Plaintiff-Appellee, v. UNITED STATES BOARD OF PAROLE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1977.

Rehearing Denied July 21, 1977.


Attorney(s) appearing for the Case

Richard L. Thornburgh, Asst. Atty. Gen., and Patrick J. Glynn, Atty., Dept. of Justice, Washington, D. C., Samuel K. Skinner, U. S. Atty., Chicago, Ill., Joseph F. Ciolino, Burke, Va., for defendant-appellant.

Kenneth N. Flaxman, Chicago, Ill., for amicus curiae John M. Geraghty.

Robert S. Bailey, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, PELL and BAUER, Circuit Judges.


BAUER, Circuit Judge.

The Government appeals from the district court's grant of a writ of habeas corpus releasing appellee Garcia from federal custody because he had been denied due process in a parole hearing. The principal issue before us is whether the United States Board of Parole may deny a prisoner parole solely on the basis of the severity of the offense for which he was convicted. We reverse.

I.

In October 1973, Garcia plead guilty to charges...

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