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MOORE v. NELSON

No. 111, Docket 79-2077.

611 F.2d 434 (1979)

Edward MOORE, Appellant, v. W. Raymond NELSON, Warden, Federal Correctional Institution, Danbury, Connecticut, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 5, 1979.

Attorney(s) appearing for the Case

Stephen Wizner, New Haven, Conn. (Dennis E. Curtis, Mary F. Keller, Alice Bussiere, Judith Resnik, and David Adam Reiser, law student intern, New Haven, Conn., on brief), for appellant.

Cheryl B. Wattley, Asst. U. S. Atty., New Haven, Conn. (Richard Blumenthal, U. S. Atty., and Philip S. Davis, law student intern, New Haven, Conn., on brief), for appellee.

Before KAUFMAN, Chief Judge, NEWMAN and KEARSE, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal from a denial of a petition for habeas corpus concerns the parole guidelines currently being used by the United States Parole Commission. 28 C.F.R. § 2.20 (1978). The issue is whether the guidelines may be applied to a "(b)(2)" federal prisoner sentenced under 18 U.S.C. § 4205(b)(2) (1976), which makes him eligible for parole at any time, rather than at the one-third point of his sentence, when he would be eligible for...

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