These cases afford us the opportunity once again to consider the availability of relief to inmates under 28 U.S.C. § 2255 when they allege that the application of parole release guidelines by the United States Parole Commission operates to thwart the intentions of the sentencing judge. We first concluded that a cause of action might be stated under § 2255 in Kortness v. United States,
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UNITED STATES v. LACY
Nos. 78-1113, 78-1224.
586 F.2d 1258 (1978)
UNITED STATES of America, Appellee, v. Billy Edward LACY, Appellant. UNITED STATES of America, Appellant, v. Sherrill Gary BRINKLEY, Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted June 12, 1978.
Decided November 9, 1978.
Attorney(s) appearing for the Case
W. H. Dillahunty, U. S. Atty., and Kenneth F. Stoll, Asst. U. S. Atty., Little Rock, Ark., for appellee, U. S. in No. 78-1113.
W. H. Dillahunty, U. S. Atty., and Samuel A. Perroni, Asst., U. S. Atty., Little Rock, Ark., for appellant, U. S. in No. 78-1224.
John I. Purtle of Purtle, Osterloh & Weber, Little Rock, Ark., for appellee, Brinkley in No. 78-1224.
Joseph A. Barry, Gen. Counsel and Rockne Chickinell, Regional Atty., U. S. Parole Commission, Kansas City, Mo., amicus curiae, U. S. Parole Commission, in Nos. 78-1113 and 78-1224.
Before GIBSON, Chief Judge, and LAY, HEANEY, BRIGHT, ROSS and STEPHENSON, Circuit Judges,
United States Court of Appeals, Eighth Circuit.
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