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THOMAS v. BRENNAN

No. 91-1063.

961 F.2d 612 (1992)

Timothy THOMAS, Petitioner-Appellant, v. Edward BRENNAN, Warden, Federal Correctional Institution, Oxford, Wisconsin, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 1992.

As Amended April 8, 1992.

Rehearing Denied June 10, 1992.

Attorney(s) appearing for the Case

Keith A. Findley (argued), Office of the State Public Defender, Madison, Wis., for petitioner-appellant.

Christa A. Reisterer, Asst. U.S. Atty., Madison, Wis., Michael A. Stover (argued), U.S. Parole Com'n, Chevy Chase, Md., for respondent-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and ROSZKOWSKI, Senior District Judge.

FLAUM, Circuit Judge.

Petitioner Timothy Thomas is one of approximately 200 prisoners in federal custody serving "mixed sentences" for committing separate offenses under the United States Code and the District of Columbia Code. This case involves the interaction of federal and D.C. parole eligibility provisions as they apply to Thomas. The United States Parole Commission ("the Commission") attempted to accommodate both sets of provisions in an interim rule, 28 C.F...

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