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HAYWARD v. UNITED STATES PAROLE COM'N

No. 81-1007.

659 F.2d 857 (1981)

Donald L. HAYWARD, Appellee, v. UNITED STATES PAROLE COMMISSION, Joseph Petrovsky, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 18, 1981.

Rehearing and Rehearing Denied November 19, 1981.

Attorney(s) appearing for the Case

Patrick J. Glynn, Atty., U. S. Parole Commission, U. S. Dept. of Justice, Washington, D. C., Thomas K. Berg, U. S. Atty., D.Minn., Minneapolis, Minn., Michael A. Stover, argued, Atty., U. S. Parole Commission, U. S. Dept. of Justice, Washington, D. C., for appellant.

Brian C. Southwell, Minneapolis, Minn., argued, for appellant.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 19, 1981.

ROSS, Circuit Judge.

The United States Parole Commission (Commission) appeals the district court's decision to grant a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We reverse. 502 F.Supp. 1007.

On October 22, 1976, Donald L. Hayward was sentenced to seven years plus a special parole term of three years for distribution of heroin in violation...

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