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SCHWARTZ v. MUNCY

No. 86-7391.

834 F.2d 396 (1987)

Aubrey L. SCHWARTZ, Petitioner-Appellee, v. Raymond M. MUNCY, Warden, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Linwood Theodore Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Virginia, Richmond, Va., on brief), for respondent-appellant.

Douglas Todd Paris, Student Counsel (Barry Nakell, School of Law, University of N.C., Chapel Hill, N.C., on brief), for petitioner-appellee.

Before WIDENER, PHILLIPS and WILKINS, Circuit Judges.

WIDENER, Circuit Judge:

Raymond M. Muncy, warden at the Buckingham Correctional Center in Virginia, appeals from the district court's judgment ordering him to recompute Aubrey L. Schwartz' parole eligibility. While we agree that Schwartz' parole eligibility must be recomputed, our reasoning differs from that of the district court.

Schwartz has been convicted of malicious wounding or maiming on three separate occasions, once in 1968, once in 1978, and again...

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