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BENITES v. UNITED STATES PAROLE COM'N

No. 76-3458.

595 F.2d 518 (1979)

Joseph Brian BENITES, Petitioner-Appellee, v. UNITED STATES PAROLE COMMISSION and Warden, Federal Prison Camp, Safford, Arizona, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

April 24, 1979.

Attorney(s) appearing for the Case

Patrick J. Glynn, Phoenix, Ariz., for petitioner-appellee.

Samuel Alba, Asst. Federal Public Defender, Phoenix, Ariz., Tom O'Toole, Federal Public Defender, Phoenix, Ariz., for respondents-appellants.

Before CHAMBERS and WALLACE, Circuit Judges, and BARTELS, District Judge.

CHAMBERS, Circuit Judge:

In April 1974 Benites pleaded guilty to bank robbery and was sentenced under the Youth Corrections Act, 18 U.S.C. § 5010(c). On April 30, 1976, while incarcerated at the Federal Prison Camp at Safford, Arizona, he was given a parole hearing, denied release, and informed that he would have another hearing in April 1977.

The case worker's progress report, which had been prepared in March 1976, in anticipation of the parole hearing...

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