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MAHN v. GUNTER

No. 91-1416.

978 F.2d 599 (1992)

Donald Arthur MAHN, Petitioner-Appellant, v. Frank GUNTER; Gale A. Norton, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 29, 1992.

Attorney(s) appearing for the Case

Donald Arthur Mahn, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Paul S. Sanzo, Asst. Atty. Gen., Human Resources Section, State of Colo., Denver, Colo., for respondents-appellees.

Before LOGAN, EBEL and KELLY, Circuit Judges.

LOGAN, Circuit Judge.

This case requires us to determine whether petitioner Donald Arthur Mahn is being unconstitutionally confined as a result of the Colorado State Parole Board's conclusion that he is not eligible for mandatory parole.1 To do so, we must decide which of two alternative Colorado parole schemes applies to petitioner's concurrent twelve-year sentences, one imposed for attempted...

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