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CENICEROS v. U.S. PAROLE COM'N

No. 86-1889.

837 F.2d 1358 (1988)

Albert Herold CENICEROS, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 1988.

Attorney(s) appearing for the Case

Russell M. Aboud, El Paso, Tex., for petitioner-appellant.

Mark M. Greenberg, Asst. U.S. Atty., El Paso, Tex., for respondents-appellees.

Before GOLDBERG, POLITZ and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Habeas petitioner Albert Herold Ceniceros was convicted of conspiracy to violate the Hobbs Act through extortion and received a fifteen-year sentence. The same jury acquitted Ceniceros of the substantive offense of violating the Hobbs Act by aiding and abetting the attempted murder of Theodore Daniels. In fixing the severity rating of Ceniceros' offense for purposes of determining a probable parole date, the Parole Commission considered...

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