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MADONNA v. U.S. PAROLE COM'N

No. 89-5844.

900 F.2d 24 (1990)

MADONNA, Matthew, Appellant, v. U.S. PAROLE COMMISSION, Appellee.

United States Court of Appeals, Third Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Judd Burstein (argued), Wendy A. Rothstein, New York City, for appellant.

James J. West, U.S. Atty., William A. Behe, Bruce Brandler (argued), Asst. U.S. Attys., Harrisburg, Pa., for appellee.

Linda S. Sheffield, Atlanta, Ga., amicus curiae for The Nat. Ass'n of Crim. Defense Lawyers, Inc.

Before SLOVITER, BECKER and STAPLETON, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

On December 10, 1987, appellant Matthew Madonna, an inmate at the United States Penitentiary at Lewisburg, Pennsylvania, received a parole hearing from the U.S. Parole Commission and was denied release.1 According to Madonna, this denial constituted a departure from the Parole Commission guidelines applicable to him. Such a departure — assuming that there was a departure —...

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