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MUSTO v. UNITED STATES

No. 77-1239.

571 F.2d 136 (1978)

Charles MUSTO v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 8, 1978.

As Amended March 15, 1978.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty., John J. Barry and Maryanne T. Desmond, Asst. U. S. Attys., Newark, N. J., for appellant.

Jeffrey D. Ilardi, Krivit, Miller & Galdieri, Jersey City, N. J., for appellee.

Before ROSENN and VAN DUSEN, Circuit Judges, and COHILL, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The United States appeals from the district court's grant of a prisoner's motion, brought under 28 U.S.C. § 2255 (1970), for correction of a sentence entered under 18 U.S.C. § 4208(a)(2) (1970).1 The court held that its intent, as the sentencing judge, to afford the prisoner an early opportunity for release, was frustrated by the application of the 1973 Parole Policy Guidelines...

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