Legal Opinion

James W. Lewis v. Art Beeler, Warden and the United States Parole Commission

Court of Appeals for the Tenth Circuit

Decided November 13, 1991No. 90-6299PublishedCited by 16 opinions

1Opinion of the Court

EBEL, Circuit Judge.

This appeal raises the following four questions:

1. Can evidence that was known by investigative agencies but not by the United States Parole Commission (“the Commission”) at the time of a prisoner’s initial parole determination be considered “new information” sufficient for the Commission to reopen the prisoner’s ease under 28 C.F.R. § 2.28(f)?

2. Once a prisoner’s case is reopened, can the Commission consider information in a sentencing transcript where

A. the transcript, though previously unseen by the Commission, was not the basis for reopening;

B. the information pertains…

2Cases cited14 opinions

  1. National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939
  2. Ramesh Solomon v. Robert I. Elsea, WardenCourt of Appeals for the Seventh Circuit · 1982
  3. Hackett v. United States Parole CommissionCourt of Appeals for the Sixth Circuit · 1987
  4. Arnold I. Kramer v. O.C. Jenkins, Warden, and United States Parole Commission, RespondentsCourt of Appeals for the Seventh Circuit · 1986
  5. Sam S. Misasi v. United States Parole CommissionCourt of Appeals for the Tenth Circuit · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bowers v. KellerCourt of Appeals for the Eleventh Circuit · 2011
  2. Russ v. PerrillCourt of Appeals for the Tenth Circuit · 1993
  3. Peltier v. BookerCourt of Appeals for the Tenth Circuit · 2003
  4. Gometz v. United States Parole CommissionCourt of Appeals for the Tenth Circuit · 2002
  5. United States v. RosenbergDistrict Court, S.D. New York · 2000

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API