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McCONNELL v. MARTIN

No. 88-2032.

896 F.2d 441 (1990)

Edward M. McCONNELL, Petitioner/Appellee, v. T.C. MARTIN, Warden, Federal Correctional Institute, El Reno, Oklahoma, Respondent/Appellant, U.S. Parole Commission, Respondent.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 6, 1990.

Attorney(s) appearing for the Case

Sylvia Royce, U.S. Dept. of Justice, Washington, D.C. (William S. Price, U.S. Atty., Oklahoma City, Okl., and William Lee Borden, Asst. U.S. Atty., Oklahoma City, Okl., with her on the brief), for respondent/appellant.

Donald V. Morano, Chicago, Ill., for petitioner/appellee.

Before LOGAN, BARRETT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This is an appeal by the Warden of the Federal Correctional Institution in El Reno, Oklahoma from an order of the United States District Court for the Western District of Oklahoma granting appellee Edward M. McConnell's petition for habeas corpus under 28 U.S.C. § 2241. The district court ruled that a warrant for parole violation issued by the United States Parole Commission ("the Commission") against McConnell had been executed while McConnell...

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