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HURD v. DIST. OF COLUMBIA

No. 15-7153.

864 F.3d 671 (2017)

Michael D. HURD, Jr., Appellant v. DISTRICT OF COLUMBIA, Government, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 2017.

Attorney(s) appearing for the Case

Eric C. Rowe argued the cause for appellant. With him on the briefs was C. Allen Foster , Washington, DC.

Mary L. Wilson , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With her on the brief were Karl A. Racine , Attorney General, Todd S. Kim , Solicitor General, and Loren L. AliKhan , Deputy Solicitor General.

Dissenting opinion filed by Senior Circuit Judge Randolph.

In 2007, the Federal Bureau of Prisons released Michael Hurd from prison after he had served roughly 13 months of a 42-month sentence. If that release were mistaken and quickly recognized as such, a prompt arrest and re-incarceration would seem unproblematic. But the Bureau of Prisons discharged Hurd under circumstances that...

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