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  5. 980 F.Supp. 1372 (1997)
 

VIERRA v. U.S.

Nos. CIV. 97-00926 ACK, CRIM. 86-00604-02 ACK.

980 F.Supp. 1372 (1997)

Robin K. VIERRA, Petitioner, v. UNITED STATES Of America, Respondent.

United States District Court, D. Hawaii.

August 29, 1997.

Attorney(s) appearing for the Case

Loretta A. Faymonville, Office of the Fed. Public Def., Honolulu, HI, for Robin Vierra.

Daniel A. Bent by Elliot Enoki, Asst. U.S. Atty., for U.S.

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S § 2255 MOTION

KAY, Chief Judge.

ISSUE

Is 28 C.F.R. § 2.57(c) giving the Parole Commission ("Commission") the authority to re-release a prisoner on special parole after the original term of special parole has been revoked inconsistent with 21 U.S.C. § 841(c), and thus invalid.

FACTUAL BACKGROUND

On May 6, 1986, a federal grand jury in Hawaii...

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