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NEWMAN v. BEARD

No. 08-2652.

617 F.3d 775 (2010)

Clifford T. NEWMAN, Jr., Appellant v. Jeffrey A. BEARD, Director of the Department of Corrections; Michael Green, Chairman of Probation and Parole Board of Pennsylvania; Diane L. Dombach, Director of Sexual Offenders Assessment Board.

United States Court of Appeals, Third Circuit.

Filed August 16, 2010.

Attorney(s) appearing for the Case

Thomas S. Jones , Jerome J. Kalina , (Argued), Jennifer G. Betts , Jones Day , Pittsburgh, PA, Attorneys for Appellant.

Thomas W. Corbett, Jr. , Attorney General, Kemal Alexander Mericli , (Argued), Senior Deputy Attorney General, Calvin R. Koons , Senior Deputy Attorney General, John G. Knorr, III , Chief Deputy Attorney General, Appellate Litigation Section, Office of Attorney General, Pittsburgh, PA, Attorneys for Appellees.

Before: SLOVITER and HARDIMAN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Clifford Newman, a convicted sex offender, argues that the Parole Board violated his First Amendment right, his right to due process, and the Ex Post Facto Clause of the Constitution by using his refusal to admit his guilt to adversely affect his eligibility for parole.

I.

Background

In 1987, Newman was found guilty of committing...

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