ASH v. REILLY

No. 05-5092.

431 F.3d 826 (2005)

Wilbur ASH, Appellee v. Edward F. REILLY, Jr., in his official capacity as Commissioner, United States Parole Commission, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2005.


Attorney(s) appearing for the Case

Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellants. With her on the briefs were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Assistant U.S. Attorney at the time the briefs were filed.

Catharine F. Easterly argued the cause for appellee. With her on the brief was Timothy P. O'Toole. Olinda Moyd entered an appearance.

Before: HENDERSON and RANDOLPH, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

On a petition for a writ of habeas corpus, a magistrate judge determined that the United States Parole Commission improperly revoked Wilbur Ash's parole. The principal question in this appeal, brought by Members of the Parole Commission, is whether the introduction of hearsay evidence at the parole revocation hearing deprived Ash of his right to confront adverse witnesses.

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