NUNEZ-GUARDADO v. HADDEN

No. 82-1601.

722 F.2d 618 (1983)

Elias NUNEZ-GUARDADO, Plaintiff-Appellant, v. John T. HADDEN, and the United States Parole Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 12, 1983.


Attorney(s) appearing for the Case

Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., was also on brief), for plaintiff-appellant.

Raymond P. Moore, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Linda A. Surbaugh, and Charles H. Torres, Asst. U.S. Attys., Denver, Colo., were also on brief), for defendants-appellees.

Before SETH, Chief Judge, HOLLOWAY, Circuit Judge, and ARRAJ, District Judge.


HOLLOWAY, Circuit Judge.

Plaintiff Elias Nunez-Guardado timely appeals the order denying his petition for habeas relief. Nunez-Guardado contends that relief should have been granted because the Parole Commission (1) by considering information concerning Nunez-Guardado's role in the deaths of 13 people in order to go above its guidelines in setting his parole date abused its discretion, violated the statutes and regulations, and violated

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