Ventetoulo v. Attorney General RI

BOUDIN, Circuit Judge.

The district court granted a writ of habeas corpus, which it stayed pending this appeal, ordering the release from state imprisonment of Fred E. DeWitt, 803 F.Supp. 580. The basis for the writ was the district court’s decision that Rhode Island had acted unconstitutionally in increasing DeWitt’s sentence and reimprisoning him after his release on parole. We agree with the district court’s decision and affirm.

I

The constitutional issue in this case arises under the Due Process Clause of the Fourteenth Amendment. In some areas, such as search and seizure, due process has…