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GILL v. GARRISON

No. 81-6437.

675 F.2d 599 (1982)

Jerome GILL, Appellee, v. W. L. GARRISON, U. S. Parole Commission, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1982.

Attorney(s) appearing for the Case

Michael A. Stover, U. S. Parole Comn., Washington, D. C. (Justin W. Williams, U. S. Atty., Robert W. Jaspen, Asst. U. S. Atty., Richmond, Va.; Joseph A. Barry, U. S. Parole Comn., Washington, D. C., on brief), for appellant.

C. Gilbert Hudson, Jr., Emporia, Va., for appellee.

Before RUSSELL, SPROUSE and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

The United States Parole Commission (Commission) appeals an order of the district court requiring the release of Jerome Gill, a federal prisoner who had been reincarcerated following a parole revocation. The district court held that the Commission impermissibly considered the severity of a post-parole state criminal violation in determining Gill's reparole date and that this, in effect, enlarged his punishment for his original crime in violation...

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