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PARKER v. KELCHNER

No. 04-3286.

429 F.3d 58 (2005)

Shawn PARKER, v. Donald KELCHNER, Superintendent; Attorney General of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Filed November 8, 2005.

Attorney(s) appearing for the Case

John G. Knorr, III (Argued), Thomas W. Corbett, Jr., Francis R. Filipi, Office of Attorney General, Harrisburg, PA, for Appellants Donald Kelchner and the Attorney General of Pennsylvania.

Linda J. Shorey, Amy L. Groff (Argued), David R. Fine, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA, for Appellee Shawn Parker.

Before SCIRICA, Chief Judge, VAN ANTWERPEN and ALIDISERT, Circuit Judges.

VAN ANTWERPEN, Circuit Judge.

Before us is an appeal from an order of the District Court granting habeas corpus relief to Appellee Shawn Parker, a prisoner in the custody of the Commonwealth of Pennsylvania.1 Without first raising the claim in state court, Parker argued to the District Court in his habeas petition that the Pennsylvania Board of Probation and Parole (the "Board") had, in denying him parole in 2003, applied the 1996 version...

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