No. 82-3021.

709 F.2d 852 (1983)

UNITED STATES of America ex rel. Lawrence FORMAN, Appellee, v. Cecil McCALL, Chairman, United States Parole Commission, United States Parole Commission, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 10, 1983.

Attorney(s) appearing for the Case

Herbert L. Zuckerman, Sills, Beck, Cummis, Zuckerman, Radin & Tischman, Newark, N.J., Louise O. Knight (argued), Clement & Knight, Lewisburg, Pa., for appellee.

David Dart Queen, U.S. Atty., Barbara L. Kosik, Asst. U.S. Atty., Harrisburg, Pa., Henry J. Sadowski, (argued), Regional Counsel, U.S. Parole Commission, Philadelphia, Pa., for appellant.

Before WEIS, SLOVITER and BECKER, Circuit Judges.


BECKER, Circuit Judge.

This appeal presents the question whether the application of United States Parole Commission guidelines promulgated in 1979 to an individual convicted of offenses committed between 1967 and 1974, when a prior set of guidelines was in effect, violates the ex post facto clause of the United States Constitution.1 Subsumed within this determination is the question whether the guidelines...

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