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DRAYTON v. McCALL

No. 1089, Docket 78-2030.

584 F.2d 1208 (1978)

Robert DRAYTON, Appellee, v. Cecil McCALL, Individually and in his capacity as Chairman, United States Parole Commission, Benjamin J. Malcolm, George J. Reed, Dorothy Parker, Joseph A. Nardoza, J. Robert Cooper, Robert Vincent, William E. Amos, Audrey A. Kaslow, Members of the Parole Commission, Individually and in their capacity as Members of the Parole Commission, Stanley B. Kruger, Individually and in his capacity as Parole Hearing Examiner, William L. Quirk, Individually and in his capacity as Parole Hearing Examiner, and Raymond Nelson, Warden, Federal Correctional Institution, Danbury, Connecticut, Appellants.

United States Court of Appeals, Second Circuit.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Frederick E. Martin, Atty., Dept. of Justice, Washington, D. C. (Benjamin R. Civiletti, Asst. Atty. Gen., George W. Calhoun, Patrick J. Glynn, Attys., Dept. of Justice, Washington, D. C., of counsel), for appellants.

Robert Kochenthal, Student Law (Judith P. Resnik, New Haven, Conn., supervising), (Dennis E. Curtis, Judith P. Resnik, Mary F. Keller, Stephen Wisner, New Haven, Conn., of counsel), for appellee.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal presents the questions whether the Due Process clause mandates procedural safeguards before the United States Parole Commission may rescind a prior grant of parole to begin in futuro and, if so, the extent of the safeguards mandated. The United States District Court for the District of Connecticut, T. F. Gilroy Daly, Judge, held that the procedures specified in Morrissey v. Brewer, 408 U.S. 471

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