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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Richard Pickus v. United States Board of Parole, 543 F.2d 240 (1976)

Citation
Richard Pickus v. United States Board of Parole, 543 F.2d 240 (1976)
Parent Document
Richard Pickus v. United States Board of Parole, 543 F.2d 240 (1976)
Effective Date
1976-06-09

Other Sections in This Document (76)

Full Text

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Nor do we think that this change has rendered the case moot. Appellants have consistently urged the unconstitutionality of the refusal to provide oral hearings for parole guideline promulgation. The new Act works no change in the rulemaking procedures adopted by the Parole Board since the first appeal in this case, while it makes clear that the Commission has a duty to promulgate regulations governing parole decisionmaking. The Parole Commission has proposed regulations that in effect modify rather than revoke the regulations challenged in this appeal; in commenting on these regulations, the appellants will suffer from the same claimed disability under the statute as currently written as they did under the old statute. See 41 Fed.Reg. 19326 (5/12/76). Unlike the fact situation in Diffenderfer v. Central Baptist Church,