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AUSTIN v. U.S. PAROLE COM'N

Docket No. 04-2481-AG.

448 F.3d 197 (2006)

Michael AUSTIN, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 2006.

Attorney(s) appearing for the Case

E. Lawrence Barcella, Jr. Paul, Hastings, Janofsky & Walker LLP, Washington, D.C., for Petitioner-Appellant.

Rockne J. Chickinell, General Counsel, Douglas W. Thiessen, Assistant General Counsel, United States Parole Commission, Chevy Chase, Maryland, for Respondent-Appellee.

Before: STRAUB and WESLEY, Circuit Judges, and SESSIONS, District Judge.

SESSIONS III, District Judge.

Petitioner Michael Austin, a transfer treaty prisoner under 18 U.S.C. § 4106A (2004), appeals from the United States Parole Commission's determination that he will serve a life sentence without the possibility of release. Because the Parole Commission erred in concluding that it was required to follow the United States Sentencing Guidelines in setting a release date, we remand to the Parole Commission for re-determination of a release...

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