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FRASSETTO v. PERRILL

No. 334, Docket 91-2291.

955 F.2d 176 (1992)

Frank FRASSETTO, Petitioner-Appellant, v. William PERRILL, Warden, Raybrook Correctional Institute and United States Parole Commission, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1992.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld, New York City, Goldberger & Dubin, P.C., Paul A. Goldberger, on the brief, for petitioner-appellant.

Henry M. Greenberg, Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., William C. Pericak, Asst. U.S. Atty., of counsel), for respondents-appellees.

Before LUMBARD, KEARSE, and PRATT, Circuit Judges.

LUMBARD, Circuit Judge:

Frank Frassetto appeals from an order of the District Court for the Northern District of New York, Howard G. Munson, Judge, denying his petition for a writ of habeas corpus. Frassetto argues that adverse information used by the United States Parole Commission (the "Commission") to reconsider an earlier parole decision did not qualify as "new" evidence under 28 C.F.R. § 2.28(f) or justify reopening his case. We affirm the denial...

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