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Article • November 1, 1998 • from P&J November, 1998
Dolfi v. Pontesso, No. 98-1394 (6th Cir.) (156 F.3d 696) (September 30, 1998) (Judge Gilbert S. Merritt) by The Court noted that ""Special parole" had been an additional penalty for all drug offenses that was mandatory in all cases until the Sentencing Reform Act replaced it with "supervised release." Special …
Article • August 1, 1998 • from P&J August, 1998
Robles v. U.S., No. 96-56762 (9th Cir.) (146 F.3d 1098) (June 23, 1998) (Judge Jr. William C. Canby) by Court joined 3rd, 4th, 5th & 7th Circuits, holding that Parole Commission had no statutory right to impose a second term of special parole; and rejected contrary positions taken by 8th …
Article • August 1, 1998 • from P&J August, 1998
Whitney v. Booker, No. 97-1243 (10th Cir.) (147 F.3d 1280) (July 10, 1998) (Judge Bobby R. Baldock) by Here the Tenth Circuit held that the Parole Commission lacked the authority to impose a new term of special parole after the petitioner's original term of special parole had been revoked.
Article • June 1, 1998 • from P&J June, 1998
Strong v. U.S. Parole Com'n., No. 97-2171 (2nd Cir.) (141 F.3d 429) (April 13, 1998) (Judge James L. Oakes) by Although the statute authorizing "special parole" (18 U.S.C. § 841(c)) was repealed in 1984, and although the Parole Commission no longer exists, this case is noted for its summary of …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Robinson, No. 95-7620 (4th Cir.) (106 F.3d 610) (February 10, 1997) (Judge Sam J. III Ervin) by It is really rather amazing that the autocratic United States Parole Commission is still around. When the Sentencing Reform Act was first passed and parole was replaced by supervised release, the …
Article • October 1, 1996 • from P&J October, 1996
Fowler v. U.S. Parole Com'n., No. 95-5226 (3rd Cir.) (94 F.3d 825) (September 4, 1996) (Judge Theodore A. McKee) by Case held that the Parole Commission does not have the authority to reimpose a term of special, rather than regular parole, following revocation. This is an important "old law" decision …
Article • June 1, 1996 • from P&J June, 1996
Billis v. U.S., No. 95-2161 (8th Cir.) (83 F.3d 209) (May 3, 1996) (Per Curiam) by Joining the D.C. Circuit, the Eighth Circuit holds that the Parole Commission does have the authority to reimpose a term of special parole, rather than regular parole, following revocation.
Article • April 1, 1996 • from P&J April, 1996
Evans v. U.S.Parole Com'n., No. 95-2489 (7th Cir.) (78 F.3d 262) (February 13, 1996) (Judge Frank H. Easterbrook) by This is one of those vintage decision by Judge Easterbrook in which he forcefully and with his usual perspicacity attacks what Judge Sporkin once referred to as the "yo-yo sentencing practices" …
Article • February 1, 1996 • from P&J February, 1996
Artuso v. Hall, No. 95-30619 (5th Cir.) (74 F.3d 68) (January 22, 1996) (Judge Patrick E. Higginbotham) by Case held that the Parole Commission does not have the authority to reimpose a term of special, rather than regular parole, following revocation. This is a rare case in which a federal …
Article • July 1, 1995
U.S. Parole Com'n. v. Williams, No. 94-5284 (D.C. Cir.) (54 F.3d 820) (May 16, 1995) (Judge A. Raymond Randolph) by This is a sad reversal of Judge Sporkin's great decision, reported at 860 F.Supp. 1 (D.D.C. 1995), in which he ruled that the "yo-yo sentencing [practices of the Parole Commission] …
Article • January 1, 1994
Williams v. United States Parole Commission, No. Civ. No. 93-2009 (D.D.C.) (860 F.Supp. 1) (July 26, 1994) (Judge Stanley Sporkin) by Here, with unusually harsh words, Judge Sporkin criticized the Parole Commission's "yo-yo" sentencing practice of constantly violating a defendant's term of special parole and then reimposing a full new …