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MONTOYA v. U.S. PAROLE COM'N

No. 89-6122.

908 F.2d 635 (1990)

Alfred MONTOYA, Plaintiff-Appellant, v. UNITED STATES PAROLE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 12, 1990.

Attorney(s) appearing for the Case

Alfred Montoya, pro se.

Robert E. Mydans, Interim U.S. Atty., and Debra A. Woods, Asst. U.S. Atty., Oklahoma City, Okl., on the briefs for defendant-appellee.

Before McKAY, SEYMOUR, and TACHA, Circuit Judges.

SEYMOUR, Circuit Judge.

Alfred Montoya brought this application for habeas corpus relief challenging the decision of the United States Parole Commission to set his parole date outside the applicable guideline range. The district court denied relief. Montoya appeals and we reverse.1

The Parole Commission is mandated by statute to promulgate guidelines for the exercise of its parole powers. See 18 U.S.C. § 4203(a)(1)...

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