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193 F.2d 41

Docket No. 11040.

Losieau v. Hunter

District of Columbia Circuit Court of Appeals

Argued Nov. 6, 1951.

Decided Nov. 29, 1951.

District of Columbia Circuit Court of Appeals · decided 1951-11-29

2 counsel of record

Relies on Story v. Rives · Denson v. Board of Commissioners · Story v. Rives

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1951-11-29

How this case has been cited

Cited by 15 later decisions (2 by the Supreme Court) — most recently April 1973

13 federal appellate ·

60195119601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1T. Emmett McKenzie, Washington, D. C., for appellant.

¶2Martin J. McNamara, Jr., Asst. U. S. Atty., Washington, D. G, with whom George Morris Fay, U. S. Atty. at the time the brief was filed, and Joseph M. Howard and William R. Glendon, Asst. U. S. Atty., all of Washington, D. C., were on the brief, for appellees. Charles M. Irelan, U. S. Atty. at the time of argument, and Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., also entered appearances on behalf of appellees.

¶3Before EDGERTON, PROCTOR, and BAZELON, Circuit Judges.

¶4PER CURIAM.

¶5Appellant’s petition for a writ of mandamus says he is a prisoner in Leavenworth Penitentiary and eligible for parole; that he twice applied for parole; and that on each occasion he was interviewed for not more than two minutes by a member of the Parole Board and was notified shortly after-wards that his application had been considered and denied. He was given no reason for these denials.

¶6The District Court rightly dismissed the petition. “A prisoner is released on parole by the United States Board of Parole wholly as a matter of discretion when it is made to appear to said Board, from a report by the proper officers of any United States prison, or upon application by a prisoner for release on parole, ‘that there is a reasonable probability that such applicant will live and remain at liberty without violating the laws, and if [when] in the opinion of the board such release is not incompatible with the welfare of society .’ ” Story v. Rives, 68 App.D.C. 325, 329, 97 F.2d 182, 186, certiorari denied, 305 U.S. 595, 59 S.Ct. 71, 83 L.Ed. 377. 18 U.S.C. § 4203(a). Appellant’s petition does not assert that the Board failed toi consider his applications.

¶7Affirmed.

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