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FOWLER v. U.S. PAROLE COM'N

No. 95-5226.

94 F.3d 835 (1996)

Kevin FOWLER, Appellant, v. UNITED STATES PAROLE COMMISSION, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 4, 1996.

As Amended September 17, 1996.

Attorney(s) appearing for the Case

Kenneth M. Tuccillo (argued), Holmdel, NJ, for Appellant Kevin Fowler.

Faith S. Hochberg, United States Attorney, James B. Clark, III (argued), Assistant U.S. Attorney, Clarkson S. Fisher, Trenton, NJ, Michael A. Stover (argued), General Counsel, United States Parole Commission, Chevy Chase, MD, for Appellee United States Parole Commission.

Before: BECKER, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

Defendant-appellant Kevin Fowler appeals from an order of the United States District Court for the District of New Jersey denying his petition for habeas corpus relief under 28 U.S.C. § 2241. We are asked to determine if the United States Parole Commission has the authority to impose a new term of special parole under 21 U.S.C. § 841(c) following revocation of his original special parole term. We conclude...

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