BENEDICT v. RODGERS

Nos. 84-1562, 84-1580.

748 F.2d 543 (1984)

Daniel G. BENEDICT, Petitioner-Appellee v. George RODGERS, Warden, Federal Correctional Institute, Englewood, Colorado; Norman Carlson, Director, U.S. Bureau of Prisons; Helen G. Corrothers, Western Regional Commissioner, U.S. Parole Commission; William French Smith, Attorney General of the United States, Respondents-Appellants. Kent Patrick EWING, Petitioner-Appellee, v. George RODGERS, Warden, Federal Correctional Institute, Englewood, Colorado, et al., Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearings January 14, 1985.


Attorney(s) appearing for the Case

Rockne Chickinell, Washington, D.C. (Robert N. Miller, U.S. Atty., and Douglas W. Curless, Asst. U.S. Atty., Denver, Colo., with him on brief), for respondents-appellants.

Daniel J. Sears, Englewood, Colo., for plaintiffs-appellees.

Before SETH, BREITENSTEIN and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

This joint appeal arises from two orders of the district court granting the habeas petitions of Daniel G. Benedict and Kent Patrick Ewing, both sentenced under the Federal Youth Corrections Act (YCA), 18 U.S.C. § 5005 et seq. (1982), and incarcerated at the Federal Correctional Institute in Englewood, Colorado. Each petitioner challenged as arbitrary and capricious determinations by the Parole Commission not to alter their respective...

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