U.S. EX REL. FARESE v. LUTHER

No. 91-3250.

953 F.2d 49 (1992)

UNITED STATES of America ex rel. John FARESE # 12136-054 v. Dennis LUTHER, Warden John Farese, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 7, 1992.


Attorney(s) appearing for the Case

Cheryl J. Sturm, West Chester, Pa., for appellant.

Thomas W. Corbett, Jr., U.S. Atty., Bonnie R. Schlueter, Paul J. Brysh, Asst. U.S. Attys., Pittsburgh, Pa., for appellees.

Before SLOVITER, Chief Judge, COWEN and ROSENN, Circuit Judges.


Submitted Under Rule 12(6) October 1, 1991.

OPINION OF THE COURT

ROSENN, Senior Circuit Judge.

This appeal raises the question of whether the United States Parole Commission properly considered, for purposes of determining eligibility for parole, the activities of co-distributors of an illegal drug substance over which petitioner had no control and could not have been expected reasonably to foresee. Specifically, the petitioner Farese, convicted...

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