JOHNSON v. DIST. OF COLUMBIA

No. 15-5207.

927 F.3d 539 (2019)

Michael Roy JOHNSON, Appellant v. DISTRICT OF COLUMBIA, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2019.


Attorney(s) appearing for the Case

Stephen S. Gilstrap , appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the brief were Zachary J. Howe and Jeremy C. Marwell , appointed by the court.

Michael R. Johnson, pro se, was on the briefs for appellant.

James M. Burnham , Senior Counsel, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Jessie K. Liu , U.S. Attorney, and R. Craig Lawrence and Jane M. Lyons , Assistant U.S. Attorneys.

Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General, Stacy L. Anderson , Acting Deputy Solicitor General, and Mary L. Wilson , Senior Assistant Attorney General, were on the brief for appellee The District of Colombia.

Before: Henderson and Srinivasan, Circuit Judges, and Edwards, Senior Circuit Judge.


In 1990, Michael Roy Johnson pleaded guilty to an armed rape he committed while out on bond for another alleged rape. He became eligible for parole in 2000. At his parole hearings in 2000, 2005, and 2008, the U.S. Parole Commission denied him parole. Each time, the Commission applied parole guidelines promulgated in 2000...

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