Legal Opinion
United States of America Ex Rel. David Frank Goldberg v. Warden, Allenwood Federal Prison Camp, Montgomery, Pennsylvania
Court of Appeals for the Third Circuit
Decided June 9, 1980No. 79-2215PublishedCited by 48 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
As a result of a plea bargain, the prosecution dismissed certain counts of an indictment “with prejudice.” Petitioner contends that as a consequence of that phraseology, the Parole Commission could not consider the conduct underlying those counts in deciding whether to grant parole on a related charge to which petitioner pleaded guilty. The district court adopted the petitioner’s position, but we reject it and, consequently, vacate the order directing the Commission to conduct a new parole hearing. Because the petitioner may be relying upon other…
2Cases cited11 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
- Gregg v. United StatesSupreme Court of the United States · 1969
- United States v. Martin SweigCourt of Appeals for the Second Circuit · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- United States v. Ryan, JeremiahCourt of Appeals for the Third Circuit · 1989
- Arias, Rene v. The United States Parole Commission Warden, U. S. Penitentiary, Lewisburg, Pa.Court of Appeals for the Third Circuit · 1981
- Douglas Charles Dufresne v. Benjamin Baer, Chairman, U.S. Parole CommissionCourt of Appeals for the Eleventh Circuit · 1984
- United States of America Ex Rel. Lawrence Forman v. Cecil McCall Chairman, United States Parole Commission, United States Parole CommissionCourt of Appeals for the Third Circuit · 1983
- United States v. David Meade BernardCourt of Appeals for the Fourth Circuit · 1985
43 more not listed; retrieve them via the Exa API.