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U.S. EX REL. D'AGOSTINO v. KEOHANE

No. 89-5021.

877 F.2d 1167 (1989)

UNITED STATES of America ex rel. D'AGOSTINO, Dominick v. KEOHANE, Patrick, Warden, U.S. Northeastern Penitentiary; Quinlan, J. Michael, Director U.S. Bureau of Prisons; and Baer, Benjamin F., Chairman U.S. Parole Commission. Appeal of Dominick D'AGOSTINO.

United States Court of Appeals, Third Circuit.

Decided June 14, 1989.

Attorney(s) appearing for the Case

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

Richard K. Preston, (argued), Michael A. Stover, Gen. Counsel, Karen Sedora Morgan, U.S. Dept. of Justice, U.S. Parole Com'n, Office of the Gen. Counsel, Chevy Chase, Md., James J. West, U.S. Atty., Scranton, Pa., Frederick E. Martin, Asst. U.S. Atty., Lewisburg, Pa., for appellees.

Before GIBBONS, Chief Judge, MANSMANN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from the dismissal of petitioner's writ of habeas corpus we are faced with the necessity of interpreting § 235(b)(3) of the Sentencing Reform Act of 19841 to determine whether an individual who is released prior to the day before the Parole Commission expires in 1992 is within the jurisdiction of the Commission and therefore...

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