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MARQUEZ-PEREZ v. RARDIN

No. 98-56048.

221 F.3d 1139 (2000)

Lizardo MARQUEZ-PEREZ, Petitioner-Appellant, v. David RARDIN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 2000.

Attorney(s) appearing for the Case

Marcia G. Shein, Atlanta Georgia, for the appellant.

Elana Shavit Artson and Ray Jurado, Office of the United States Attorney, Los Angeles, California, for the appellee.

Before: Stephen Reinhardt, and Diarmuid F. O'Scannlain, Circuit Judges, and William W Schwarzer, Senior District Judge.

REINHARDT, Circuit Judge:

Because the record before us does not reflect that the Parole Commission or any Commissioner considered Marquez-Perez's request for reconsideration of his parole date, we vacate the district court's judgment, and remand for further proceedings. Some of the important facts on which the Commission based its decision to establish Marquez-Perez's parole date in the first instance have been eliminated from the pre-sentence report by stipulation...

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