Madonna, Matthew v. U.S. Parole Commission

OPINION OF THE COURT

BECKER, Circuit Judge.

On December 10, 1987, appellant Matthew Madonna, an inmate at the United States Penitentiary at Lewisburg, Pennsylvania, received a parole hearing from the U.S. Parole Commission and was denied release. 1 According to Madonna, this denial constituted a departure from the Parole Commission guidelines applicable to him. Such a departure — assuming that there was a departure — would arguably be impermissible under the unamended version of section 235(b)(3) of the Sentencing Reform Act of 1984 (SRA). 2 However, it would be permissible under section…