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PHILLIPS v. FULWOOD

No. 08-5385.

616 F.3d 577 (2010)

Charles A. PHILLIPS, Appellant v. Isaac FULWOOD, Jr., Chairman of the United States Parole Commission, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2010.

Attorney(s) appearing for the Case

Christopher F. Branch argued the cause for appellant. With him on the briefs was Jason D. Wallach .

Elizabeth H. Danello , Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Roy W. McLeese III and Kenneth Adebonojo , Assistant U.S. Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Appellant Charles Phillips is in prison for murdering two people in 1977. Although he has been eligible for parole since 2003, the United States Parole Commission—applying regulations it issued in 2000—has repeatedly found him unsuitable for release. Phillips contends that the Commission should have applied the parole rules that were in effect when he committed his crimes, and that its failure to do so violated the Ex Post Facto...

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