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SOTELO v. HADDEN

No. 82-2356.

721 F.2d 700 (1983)

Simon C. SOTELO, Petitioner-Appellee, v. John T. HADDEN, Warden, Federal Correctional Institution, Englewood, Colorado; and United States Parole Commission, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

November 10, 1983.

Attorney(s) appearing for the Case

Toby D. Slawsky, Atty., U.S. Parole Com'n, Chevy Chase, Md. (Joseph A. Barry, Gen. Counsel, U.S. Parole Com'n, Washington, D.C., and Robert N. Miller, U.S. Atty., D. Colo., Denver, Colo., with him on brief), for respondents-appellants.

L. Aron Pena, of Pena, McDonald, Prestia & Ibanez, Edinburg, Tex. (Armando C. De Baca, Denver, Colo., with him on brief), for petitioner-appellee.

Before McWILLIAMS, BREITENSTEIN and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

Simon C. Sotelo was sentenced to fifteen years imprisonment on March 30, 1979, by the United States District Court for the Northern District of California, 545 F.Supp. 1128, upon his conviction for conspiracy to distribute heroin. On July 2, 1981, while he was incarcerated at the Federal Correctional Institute in Englewood, Colorado, Sotelo instituted the present action pursuant to 28 U.S.C. § 2241...

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