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PATTERSON v. GUNNELL

No. 520, Docket 84-2251.

753 F.2d 253 (1985)

William E. PATTERSON, Plaintiff-Appellant, v. Robert A. GUNNELL, Warden, Federal Correctional Institution, Danbury, Connecticut, and U.S. Parole Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1985.

Attorney(s) appearing for the Case

Thomas J. Riley, Asst. U.S. Atty., New Haven, Conn. (Alan H. Nevas, U.S. Atty., New Haven, Conn., on the brief), for defendants-appellees.

Jay Goldberg, Scott B. Tulman, New York City, submitted a brief, for plaintiff-appellant.

Before MANSFIELD, OAKES and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The guideline system now used by the United States Parole Commission creates an elaborate method for structuring the exercise of discretion in making parole release decisions. 28 C.F.R. pt. 2 (1984). Inevitably the complexity of the system gives rise to occasions when one of the regulatory requirements has not been observed. This case is one of those occasions. Though the Commission itself three times corrected its mistakes, in the course...

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