U.S.A. EX REL. FORMAN v. McCALL

No. 84-5755.

776 F.2d 1156 (1985)

U.S.A. ex rel. Lawrence FORMAN v. Cecil McCALL, Chairman, U.S. Parole Commission. Appeal of David Dart QUEEN, The United States Attorney for the Middle District of Pennsylvania, on Behalf of the UNITED STATES PAROLE COMMISSION.

United States Court of Appeals, Third Circuit.

Decided November 14, 1985.

As Amended December 9, 1985.

Rehearing and Rehearing Denied December 31, 1985.


Attorney(s) appearing for the Case

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

Louise O. Knight (argued), Clement & Knight, Lewisburg, Pa., for appellee.

Before HIGGINBOTHAM, BECKER, Circuit Judges, and COHILL, District Judge


Rehearing and Rehearing En Banc Denied December 31, 1985.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case, before us for the second time, presents the question whether the Adult Guidelines for Parole Decisionmaking of the United States Parole Commission constitute "laws" within the meaning of the ex post facto clause of the United States Constitution.1 In early 1980, appellee...

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