RODRIGUEZ v. UNITED STATES PAROLE COM'N

No. 78-2051.

594 F.2d 170 (1979)

John J. RODRIGUEZ, Petitioner-Appellee, v. UNITED STATES PAROLE COMMISSION and Metropolitan Correctional Center, Robert Elsea, Warden, Respondent-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 1979.

Rehearing Denied May 1, 1979.


Attorney(s) appearing for the Case

Edward J. Moran, Asst. U. S. Atty., Chicago, Ill., for respondents-appellants.

Robert K. Mayer, Chicago, Ill., for petitioner-appellee.

Before SPRECHER, TONE, and WOOD, Circuit Judges.


TONE, Circuit Judge.

The issue raised on this appeal is whether the ex post facto clause of the United States Constitution, Art. I, § 9, is violated by the retroactive application of an administrative regulation that denies a prisoner sentenced under 18 U.S.C. § 4205(b)(2) any meaningful consideration for parole. The district court answered in the affirmative; we agree and therefore affirm.

Petitioner John Rodriguez was prosecuted and convicted...

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