FARDELLA v. GARRISON

No. 82-6171.

698 F.2d 208 (1982)

Vincent FARDELLA, Appellee, v. William L. GARRISON, Warden; Cecil C. McCall, Chairman, U.S. Parole Commission, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Robert W. Jaspen, Asst. U.S. Atty., Richmond, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellants.

Judith E. Schaeffer, Washington, D.C. (Justin D. Simon, Dickstein, Shapiro & Morin, Washington, D.C., Dennis W. Dohnal, Bremner, Baber & Janus, Richmond, Va., on brief), for appellee.

Before MURNAGHAN, Circuit Judge, and BUTZNER and FIELD, Senior Circuit Judges.


BUTZNER, Senior Circuit Judge:

The United States Parole Commission appeals from an order of the district court directing it to reclassify the parole status of Vincent Fardella, a federal prisoner. We reverse because (a) the Commission was authorized to reopen the prisoner's parole proceedings on the basis of information that it had not considered when it initially determined the prisoner's parole status, even though the information was in existence at that time; and...

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