Vincent Fardella v. William L. Garrison, Warden Cecil C. McCall Chairman, U.S. Parole Commission

BUTZNER, Senior Circuit Judge:

The United States Parole Commission appeals from an order of the district court directing it to reclassify the parole status of Vincent Fardella, a federal prisoner. We reverse because (a) the Commission was authorized to reopen the prisoner’s parole proceedings on the basis of information that it had not considered when it initially determined the prisoner’s parole status, even though the information was in existence at that time; and (b) the Commission’s action did not create a presumption of vindictiveness.

I

Fardella was sentenced to 15 years imprisonment for…