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MICKENS-THOMAS v. VAUGHN

No. 02-2047, 02-2213.

321 F.3d 374 (2003)

Louis MICKENS-THOMAS Appellant v. Donald VAUGHN, Superintendent; Pennsylvania Board of Probation and Parole; the Pennsylvania Board of Pardons; the Attorney General of the State of Pennsylvania Pennsylvania Board of Probation and Parole Appellant.

United States Court of Appeals, Third Circuit.

Filed February 21, 2003.

Attorney(s) appearing for the Case

Leonard N. Sosnov (Argued), Wyndmoor, PA, David Rudovsky, Kairys, Rudovsky, Epstein & Messing, Philadelphia, PA, for Louis Mickens-Thomas.

Syndi L. Guido (Argued), Office of General Counsel, Commonwealth of Pennsylvania, Harrisburg, PA, Robert N. Campolongo, Pennsylvania Board of Probation & Parole, Executive Offices, Harrisburg, PA, for Vaughn, PA Bd Prob. and Parole, PA Bd Pardons, Atty. Gen. PA.

Before SLOVITER, McKEE, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal has its genesis in the material modification of parole laws by the Pennsylvania legislature in 1996 and corresponding changes in the parole decisionmaking policies of the Pennsylvania Board of Probation and Parole ("Board").1 As a consequence, the post-1996 parole regime placed primary consideration on the risk to public safety by the parole petitioner as the dominant factor...

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