United States Tenth Circuit

In habeas proceedings involving a prisoner sentenced under the Federal Youth Corrections Act (YCA) and repeatedly denied parole, an order granting him relief is affirmed insofar as it required the Parole Commission to take into consideration possible conditions on release, but reversed insofar as it required the Commission to set a release date and to develop and follow a pre-release plan as this was a usurpation of authority vested in the Commission.

Appellate Information

• Decided 01/29/2008
• Published 01/30/2008

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, EBEL and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John M. Hutchins, Assistant United States Attorney (Troy A. Eid, United States Attorney and Paul Farley, Assistant United States Attorney, with him on the briefs), Denver, CO, for Respondent-Appellant., Daniel J. Sears, Denver, CO, for Petitioner-Appellee.