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UNITED STATES EX REL. PULLIA v. LUTHER

No. 80-1204.

635 F.2d 612 (1980)

UNITED STATES of America ex rel. Robert PULLIA, Petitioner-Appellant, v. Dennis LUTHER, Warden, Metropolitan Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 2, 1980.

Attorney(s) appearing for the Case

Jeffrey B. Steinback, Chicago, Ill., for petitioner-appellant.

Thomas P. Sullivan, U. S. Atty., Robert T. Grueneberg, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee.

Frederick H. Branding, Asst. U.S. Atty., Civil Division, for U.S.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and CAMPBELL, Senior District Judge.

FAIRCHILD, Chief Judge.

In this appeal, petitioner relies upon the provisions for early termination of parole set forth in 18 U.S.C. § 4211, which were enacted as part of the 1976 Parole Commission and Reorganization Act (hereinafter "Parole Act").1 Specifically, petitioner argues that the lapse of five years after release on parole without a decision by the Commission (after a hearing) as provided in section 4211(c)(1) results in...

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