Bowers, Jr. v. Grayer, No. 10-12170 (11th Cir. 2011)
Annotate this CasePetitioner appealed the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241. Petitioner was subject to the 1976 Parole Commission and Reorganization Act, 18 U.S.C. 4101-4218, because he was incarcerated for an offense he committed prior to the effective date of the Federal Sentencing Guidelines, specifically, petitioner was serving a life sentence for the 1976 murder of a U.S. Park Ranger. At issue was whether the U.S. Parole Commission engaged in "unauthorized action" during petitioner's mandatory parole proceedings. The court held that the Commission was engaged in such unlawful action, which impermissibly tainted the Commission's June 14, 2005 decision reopening petitioner's mandatory parole proceedings.
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