Ted J. Otsuki v. United States Parole Commission

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court, 598 F.Supp. 531, dismissing the appellant’s challenge to a decision by the United States Parole Commission. The issue presented is whether under the superior program achievement regulations, 28 C.F.R. § 2.60, the Parole Commission may decline to advance the parole date to the maximum extent…