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HORNER v. U.S. PAROLE COM'N

No. 87-2989.

870 F.2d 1489 (1989)

Montana HORNER, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1989.

As Amended on Denial of Rehearing and Rehearing June 20, 1989.

Attorney(s) appearing for the Case

John J. Cleary, San Diego, Cal., for petitioner-appellant.

Eugene R. Bracamonte, Asst. U.S. Atty., Tucson, Ariz., for respondent-appellee.

Before GOODWIN, ALARCON and NELSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 20, 1989.

ALARCON, Circuit Judge:

Montana Horner appeals from the district court's denial of his petition for a writ of habeas corpus. Horner seeks reversal on the following grounds:

One. The Parole Commission improperly denied him early termination of his parole in violation of 28 C.F.R. § 2.43(e), after he had completed three years without any adverse report concerning his behavior...

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