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PAZ v. WARDEN, FEDERAL CORRECTIONAL INSTITUTION

No. 85-1919.

787 F.2d 469 (1986)

David A. PAZ, Petitioner-Appellee, v. WARDEN, FEDERAL CORRECTIONAL INSTITUTION, ENGLEWOOD, COLORADO; United States Parole Commission, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

March 11, 1986.

Attorney(s) appearing for the Case

Toby Slawsky, Atty., Gen. Counsel's Office, U.S. Parole Com'n, Chevy Chase, Md. (Robert N. Miller, U.S. Atty. for the Dist. of Colo., and Douglas W. Curless, Asst. U.S. Atty., for the Dist. of Colo., with him on briefs), for respondents-appellants.

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on brief), Denver, Colo., for petitioner-appellee.

Before McKAY, SETH and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

The United States Parole Commission appeals from an Order entered by the United States District Court for the District of Colorado, granting David A. Paz's habeas corpus petition and ordering that he be immediately released on parole. The issue in this case is whether the Commission abused its discretion in determining that, because Mr. Paz would not admit that he had committed certain crimes, there was no basis for a finding that he was rehabilitated...

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