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MUNGUIA v. U.S. PAROLE COM'N

No. 88-1158.

871 F.2d 517 (1989)

Joel MUNGUIA, Petitioner-Appellant, v. U.S. PAROLE COMMISSION, Tom Kindt, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 28, 1989.

Attorney(s) appearing for the Case

William R. Maynard, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for petitioner-appellant.

Harold O. Atkinson, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for respondents-appellees.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.

E. GRADY JOLLY, Circuit Judge:

In 1982, while serving a special parole term, Joel Munguia was convicted of a misdemeanor. In 1984, the U.S. Parole Commission revoked Munguia's special parole term based on subsequent administrative violations unrelated to the 1982 conviction, but without prehearing notice of the possible penalty, applied the earlier conviction to forfeit Munguia's "street time." We conclude that because the forfeiture of street time was nondiscretionary...

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