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ARTUSO v. HALL

No. 95-30619.

74 F.3d 68 (1996)

Vincent ARTUSO, Petitioner-Appellant, v. Keith HALL, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1996.

Attorney(s) appearing for the Case

Daniel James Stanford, Stanford Law Office, Eunice, LA, for petitioner-appellant.

Carl Edward Perry, Office of the United States Attorney, Thomas Burton Thompson, Asst. U.S. Atty., Lafayette, LA, for respondent-appellee.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and SCHWARZER, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this case, a federal prisoner alleges that regulations of the United States Parole Commission (USPC) are inconsistent with a congressional statute. We agree and grant the prisoner's petition for a writ of habeas corpus under 28 U.S.C. § 2255.

I

This case concerns a type of post-release supervision, special parole, that did not survive the advent of the sentencing guidelines. Under pre-guidelines law...

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