U. S. EX REL. GOLDBERG v. WARDEN, ALLENWOOD FED.

No. 79-2215.

622 F.2d 60 (1980)

UNITED STATES of America ex rel. David Frank GOLDBERG, Appellee, v. WARDEN, ALLENWOOD FEDERAL PRISON CAMP, MONTGOMERY, PENNSYLVANIA, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 9, 1980.


Attorney(s) appearing for the Case

Elliott Schulder (argued), William G. Otis, Dept. of Justice, Washington, D.C., Carlton M. O'Malley, Jr., U. S. Atty., Middle District of Pennsylvania, Scranton, Pa., Harry A. Nagle, Asst. U. S. Atty., Middle District of Pennsylvania, Lewisburg, Pa., for appellant.

Daniel J. Kornstein (argued), Stewart L. Levy (argued), New York City, Richard S. Bishop, Gelb & Myers, Scranton, Pa., for appellee.

Renee D. Chotiner, Dennis E. Curtis, Stephen Wizner, Alice Bussiere, Legal Services Organization, New Haven, Conn., for amicus curiae Jerome N. Frank Legal Services Organization.

Before SEITZ, Chief Judge, and WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

As a result of a plea bargain, the prosecution dismissed certain counts of an indictment "with prejudice." Petitioner contends that as a consequence of that phraseology, the Parole Commission could not consider the conduct underlying those counts in deciding whether to grant parole on a related charge to which petitioner pleaded guilty. The district court adopted the petitioner's position, but we reject it and, consequently...

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