United States DC Circuit

Dismissal of defendant's petition for habeas corpus relief is reversed and remanded for reconsideration where he had a viable claim that retroactive application of new federal regulations during his reparole hearing violated the Ex Post Facto Clause of the Constitution.

Appellate Information

• Argued 10/11/2005
• Decided 01/06/2006
• Published 01/09/2006

Judges

• Before:  GINSBURG, Chief Judge, ROGERS, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Timothy P. O'Toole argued the cause and filed the briefs for appellant.   Catharine F. Easterly entered an appearance.


• For Appellees:
  
• John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee Edward F. Reilly, Jr. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher, Assistant U.S. Attorney at the time the brief was filed, and Robert D. Okun and Roy W. McLeese, III, Assistant U.S. Attorneys., Robert J. Spagnoletti, Attorney General, Office of Attorney General for the District of Columbia, Edward E. Schwab, Deputy Attorney General, and Mary L. Wilson, Senior Assistant Attorney General, were on the brief of appellee Dennis Harrison.