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ALESSI v. QUINLAN

No. 81 Civ. 4844 (RWS).

563 F.Supp. 911 (1982)

Virgil ALESSI, Petitioner, v. J. Michael QUINLAN, Warden, Federal Correctional Institution, Otisville, New York, United States Parole Commission, and William French Smith, Attorney General of the United States, Respondents.

United States District Court, S.D. New York.

October 22, 1982.

Attorney(s) appearing for the Case

John L. Pottenger, Jr., New Haven, Conn., for petitioner.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for respondents; Stephen Dvorkin, Asst. U.S. Atty., New York City, of counsel.

OPINION

SWEET, District Judge.

Petitioner Virgil Alessi ("Alessi") has made a motion for an order "releasing him on parole forthwith" pursuant to his petition for a writ of habeas corpus because the Government has allegedly failed to comply with this court's opinion dated July 9, 1982, which found that the United States Parole Commission ("Commission") had violated Alessi's right to due process. For the reasons stated below, the motion will be granted.<...

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