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WEATHERINGTON v. MOORE

No. 77-1194.

577 F.2d 1073 (1978)

Milburn WEATHERINGTON, Petitioner-Appellant, v. Richard N. MOORE and United States Department of Justice, United States Parole Commission, J. Robert Cooper, Commissioner, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Joe A. Dycus, Stephen B. Shankman, Memphis, Tenn., for petitioner-appellant.

W. J. Michael Cody, U. S. Atty., Devon L. Gosnell, Asst. U. S. Atty., Memphis, Tenn., for respondents-appellees.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and CECIL, Senior Circuit Judge.

PHILLIPS, Chief Judge.

The sole issue in this appeal is whether 18 U.S.C.A. § 4210(b) (Supp.1977) operates retroactively to deprive the United States Parole Commission of jurisdiction over a person whose original sentence expiration date has been extended prior to the effective date of this enactment. In an order published at 431 F.Supp. 515 (W.D.Tenn.1977), District Judge Robert M. McRae, Jr., concluded that the statute...

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