Victor Bono v. Michael Benov, Warden, United States Parole Commission

WARDLAW, Circuit Judge:

The government appeals the district court’s order granting Victor Bono (“Bono”) a writ of habeas corpus and ordering Bono’s forthwith release from custody. The district court ruled that the United States Parole Commission acted with presumed vindictiveness when it changed Bono’s presumptive parole date from July 17, 1997 to July 17, 2009. The government asserts that the presumption of vindictiveness should not apply and even if it does, that it has been rebutted by the existence of objective facts supporting the Commission’s decision to extend Bono’s release date. We…