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KIRBY v. UNITED STATES

No. 79-1214.

600 F.2d 146 (1979)

James William KIRBY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1979.

Rehearing Denied July 16, 1979.

Attorney(s) appearing for the Case

Joseph A. Barry, Gen. Counsel, U. S. Parole Commission, and Rockne Chickinell, Staff Atty., U. S. Parole Commission, Washington, D. C., Andrew W. Danielson, U. S. Atty., and Ann D. Montgomery, Asst. U. S. Atty., Minneapolis, Minn., on brief, for appellant.

No brief for appellee.

Before LAY, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

The United States has appealed a decision of the district court requiring the United States Parole Commission to grant petitioner, James William Kirby, a new parole hearing and give consideration to the petitioner's prior institutional behavior due to petitioner's sentence under 18 U.S.C. § 4205(b)(2). Petitioner filed the instant habeas corpus action in May 1978. On August 25, 1978, before issuance of the district court's order, petitioner escaped...

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