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ALESSI v. QUINLAN

Nos. 1104, 1373, Dockets 82-2358, 83-2006.

711 F.2d 497 (1983)

Virgil ALESSI, Petitioner-Appellee-Cross-Appellant, v. J. Michael QUINLAN, Warden, Federal Correctional Institution, Otisville, New York, et al., Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 6, 1983.

Attorney(s) appearing for the Case

Stephen A. Dvorkin, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., Peter C. Salerno, Asst. U.S. Atty., New York City, on brief), for respondents-appellants-cross-appellees.

John L. Pottenger, Jr., New Haven, Conn., for petitioner-appellee-cross-appellant.

Before LUMBARD, NEWMAN, and PRATT, Circuit Judges.

NEWMAN, Circuit Judge:

Government respondents appeal from the November 8, 1982, judgment of the District Court for the Southern District of New York (Robert W. Sweet, Judge) granting Virgil Alessi's petition for a writ of habeas corpus. The District Court concluded that the United States Parole Commission ("the Commission") had engaged in impermissible double counting when it set Alessi's presumptive parole date beyond the time period prescribed by the parole guideline...

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